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FRANKLIN COUNTY: Fatal crash nets six months in jail
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BY BETTY JESPERSEN
Staff Writer
Kennebec Journal & Morning Sentinel 10/31/2009

FARMINGTON -- A Lincoln man who was drunk when he let an intoxicated co-worker drive his car, leading to a fatal crash, was sentenced Friday by a judge to serve six months in jail and two years probation.

Ryan Hurd, 23, was found guilty in May of aggravated operating under the influence/accomplice liability but innocent of the more serious charge of manslaughter in the death of Terry "TJ" Richardson Jr., 34, of Dover-Foxcroft.

In Franklin County Superior Court Friday, Justice Michaela Murphy sentenced Hurd to two years' incarceration with all but six months suspended, a $2,100 fine, and two years probation with the conditions he have no alcohol or drugs, submit to random police searches, and undergo substance abuse counseling. He will also lose his license for six years.

However, all those conditions are postponed, pending appeal of the verdict by his attorney, Richard Hartley, to the Maine Supreme Court. In the meantime, Hurd remains out on bail with the only condition that he not consume alcohol.

Before being sentenced, Hurd stood to address Murphy and his friends and family members seated in the courtroom.

"I am so sorry," he said, overcome with emotion. "I regret getting into that car and drinking. It took my friend away from me and almost took my life."

Hurd, a welder, said he still works with Richardson's father every day.

"Not a day goes by when I don't see TJ," he said, crying. "I am really sorry for my ignorant acts."

No one from Richardson's family was in the courtroom Friday, but his father wrote a letter to Murphy in support of leniency.

A total of 15 letters were submitted, with Hurd's friends and family members praising his work ethic and reliability.

Assistant District Attorney James Andrews said in court that one of the most disturbing aspects of the case was Hurd's history of alcoholism that so far, has not been addressed or treated.

A year before the crash, Hurd was so intoxicated when he was arrested in Lincoln at a bar and brought to the police station that he became combative, resisted arrest, attempted to escape and threatened police, according to Andrews.

He told Murphy that Hurd should have been undergoing substance abuse counseling for his "black-out" drinking habit and that he drank to the point where he could not recall a thing.

"This is not a casual drinking problem. He has serious substance-abuse issues that need to be addressed on a professional level," Andrews said.

Hurd's attorney, Hartley, said his client stopped drinking after the crash and has been sober ever since. He has turned his life around, gotten married and the couple are expecting a child, the lawyer said.

"This incident impacted him to dry out and become a reliable, productive member of the community," Hartley said.

Murphy called Hurd's history of excessive alcohol consumption "very irresponsible, dangerous and criminal."

"I hope you have learned from this tragic event . . . I find your remorse to be genuine and I commend (you) for stopping drinking," she said.

The accident occurred on Route 27 in New Vineyard at about 1:15 a.m. on Oct. 17, 2007. Hurd's speeding car went out of control, hit a utility pole and tree stump, flipped over and burst into flames. Hurd escaped with minor injuries when he was ejected. Chad Bernier, another co-worker who was in the rear seat, was seriously injured and broke his back.

Andrews argued that Hurd was driving but no physical evidence was recovered from the crash that identified who was behind the wheel. According to trial testimony, Bernier was too intoxicated to clearly remember.

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