EX-COP GETS JAIL TIME IN FATAL CRASH
By Gregory J. Lamoureux
ST. ALBANS: It was a sunny day on July 12th of 2015. That day would become dreary, at least emotionally, for the family of Jane and Omer Martin.
The two were driving on Lower Newton Road when out of the middle of nowhere, a car drifted into their lane- hitting the elderly couple head on.
Omer Martin would die as a result of the crash, his wife Jane would sustain injuries to her hand.
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The driver of that vehicle, Leanne Werner, an off-duty police officer for Burlington was the driver.
According to an expert witness from the State of Vermont, Werner’s alcohol level in her blood was estimated to be 0.098%, slightly above the legal limit of 0.08%.
Prosecutors initially prosecuted with DUI charges, but the evidence in the case was thrown out in a way that prevented those charges from continuing, so the State then pressed grossly negligent operation charges which Werner plead guilty to last month.
Wednesday’s hearing was to determine what sentence Werner would be imposed in relation to the case.
The two sides argued for stark differences in the sentence.
“Two years is too much, Judge.” Defense Attorney Francis Twarog said, going on to argue that her service as a police officer and member of the military should allow her a slightly lighter sentence.
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Twarog suggested three to six months in prison, with an additional six months of house arrest. He also suggested that she could be monitored for “an extended period of time after release.”
With the Department of Corrections guidelines on when a convict is released on furlough, the proposal meant that Werner would have been eligible for release in six weeks.
Chuck Hatin of the Department of Corrections explained that the State’s guideline for prisoners with a sentence of less than one year is to allow them to go up for furlough in half of their minimum sentence.
For prisoners who have a sentence of more than one year, furlough becomes eligible six months before their minimum.
The defense argued that Werner was a good citizen that made a grave mistake and should be judged on the days before and the days since that fateful July day.
Twarog noted that a pre-sentence investigation that was conducted by the Department of Corrections indicated that there was no treatment for Werner that the Department could assist in facilitating.
This meant that any sentence that Judge Gregory Rainville would impose would be merely punitive.
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“The risk is low, Twarog said, “there is no program in jail to bring her to a better place to be a better citizen. There were several decisions that she made that day that put everyone in severe danger.”
“She decided to drive, she decided to drink, she decided to speed. and the defendant was fully aware of the consequences of a DUI, Brocheau said.
“Examples need to be made to police officers who decide that they are above the law,” said Jane Martin, widow and survivor of the crash.
See related: Video of Sentencing
“Sometimes a truly punitive punishment is needed,” Prosecutor Heather Brocheau said.
The prosecution asked for two to 12 years to serve in prison. Judge Gregory Rainville ultimately agreed, meaning Werner will be eligible for furlough in 18 months, but could see up to 12 years if behavior is a factor.
“When you are operating a motor vehicle at 30, 40, or 50 miles per hour, on a 21 foot wide ribbon of pavement and the vehicle weighs four-thousand pounds, there is a tremendous possibility or potential for injury or death,” Rainville noted in his sentencing soliloquy, “the only way that someone can prudently, without negligence, operate such a vehicle, is to be fully attentive and not allow anything to alter your ability to control it.”
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Rainville noted the damages that Omer Martin’s widow and family have sustained from Werner’s actions.
“His wife is left with an impairment and much worse than that, a broken heart,” Rainville said.
“What makes this gross negligence is taking your eyes off the road for a significant period of time when there is oncoming traffic,” Rainville told Werner, “we have a duty to protect other people on the roadway, and when we fail to do that- we are responsible. Even when it is a pure accident.”
“The court does not regard your service to the state as being impugned by this incident. You have given greatly to the state and the Court appreciates that. I am not disregarding that. Even good, responsible people, make mistakes. You made a bad one- and that cost someone their life,” Rainville said, “I have no choice but to send you to jail for some period of time.”
Jane Martin told the County Courier after the hearing that she wished she was sentenced to five years and that two years was not enough for what she had done.
Rainville had one more request of Werner before sending her off to prison, “I’m going to ask you- I’m not going to order you, to visit schools and talk to students,” Judge Rainville said, “they are the most vulnerable, they are the most at risk… They can be helped the most.”
Werner was lead away to jail by court officers Wednesday afternoon immediately after the hearing finished. She is currently being held at Chittenden County Correctional Center.
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