Bruce Vanderman of Madison pleaded no contest Wednesday afternoon to two amended charges filed in conjunction with the death April 13, 2007, of Jerry L. Williams, 52, of Emporia.
Vanderman entered the plea through his attorney, William Rork of Topeka, before District Judge Jeffry J. Larson in Lyon County District Court.
Vanderman was charged with two felonies, involuntary manslaughter and aggravated battery on Sept. 12, 2007. The charges were amended to vehicular homicide, a Class A misdemeanor, and battery, a Class D misdemeanor.
He was attempting to pass a semi-tractor trailer when his pickup truck struck Williams’ pickup truck head-on.
Williams died of his injuries and a passenger in the Vanderman truck, Joshua Vanderman, then 11, of Madison, was taken by ambulance to Newman Regional Health.
Vanderman was taken to Stormont-Vail Health Care in Topeka for treatment of his injuries.
An accident report from the Kansas Highway Patrol stated that dusty roads limited visibility and contributed to the cause of the accident.
The plea hearing on Wednesday was delayed more than 90 minutes because Rork was not present in court to represent his client. Rork apologized to the court when the hearing began shortly before 3 p.m.
“I will need to have some time with you at the end of this meeting,” Larson told Rork.
Larson said that under the terms of the amended complaint, Vanderman would pay restitution.
“No deals have been made in regard to sentencing,” Larson said; “Is that right?”
Vanderman said it was.
Larson talked at length to Vanderman about the plea, to ensure that the defendant had ample opportunities to consult Rork about questions he might have and to make sure that Vanderman and Rork had sufficient time to go over police reports and get advice in the case. Larson also mentioned that Vanderman could have called witnesses in his defense, cross-examined prosecution witnesses, and testified himself if the case had gone to trial.
“You’re confident that you fully understand the terms and conditions of this agreement?” Larson asked.
Vanderman responded yes to the questions.
“Though you are pleading no contest ... I will find you guilty of those charges, even though you are not admitting to it,” Larson said, making certain that the defendant understood what would happen after he pleaded no contest.
Larson explained that Vanderman would give up his right to appeal the guilty verdict, although he will be able to appeal the sentence “and you will always have that right,” Larson said.
Vanderman could be sentenced to a maximum of 12 months in jail and a $2,500 fine on the vehicular homicide charge and a maximum of six months in jail and a $1,500 fine for the count of battery.
“Has anyone promised you would get probation in this case?” Larson asked, following up with questions about whether Vanderman was now under the influence of drugs, alcohol or medication that might affect his judgment.
Vanderman responded that he was not.
“I will find you guilty of both of those charges,” Larson said.
Because of Rork’s schedule in other courts, he said he could not be present on March 2, the first date Larson suggested for sentencing.
“I want it to be a very solid date,” Larson said, adding that the victim’s family and friends — many of whom were present in court — had a right to “get this case completed.”
“I do not want there to be any continuances from this date,” Larson said. He cautioned there would have to be “almost a catastrophe pending” before he would consider any deviation from the docket schedule.
The sentencing will be held at 1:15 p.m. March 6.
birch (anonymous) says...
Rork was 90 minutes late for court! Was he fined by the court for his inconsideration? What a terrible deal for the victims family to be put through. Maybe Rork should apologize to the family and pay them restitution.
January 15, 2009 at 3:53 p.m. ( permalink | suggest removal )
logical (anonymous) says...
Too bad he was allowed to plead no contest to a misdemeanor and not admit any guilt or accept responsibility for his careless actions. An innocent man was killed and his grieving family is left to deal with his thoughtless actions. My thoughts are with the family.
January 16, 2009 at 12:37 a.m. ( permalink | suggest removal )
hottopics (anonymous) says...
I think he did the right thing by pleading no contest. He knows he was wrong. At least he didnt drag the family along into a painful trial. He may not have said guilty directly but thats the way a representing attorney would have had him plea. Its a no win situation for the victims family and they have my prayers to put this behind them.
January 16, 2009 at 1:18 a.m. ( permalink | suggest removal )
Capricorn (anonymous) says...
I'm 64 yrs old, born & raised in the area, and possess a perfect driving record. I quit using that road several years ago. A semi had just passed by, and as I drove into the wall of dust he created, I found myself face to face with another semi coming towards me, but ON MY SIDE OF THE ROAD. We both swerved quickly, but I ended up caught up in graded gravel on the right side of the road. But for the grace of God, etc.... That road's been a hazard for years! No blacktop, and the County just keeps piling gravel on it, grading it regularly with an overly zealous grading crew that leaves horrific lines & piles of gravel on either side of the roadway. There are NO cautionary lights, NO center strip, no true warning of possible danger. Large farm trucks & equipment are allowed to use it, and that's as it should be. They travel slow, create little dust and are very cautious. But...that road is not designed to be a short cut for Semi's & large commercial trucks to bypass city traffic like they do. Some of those drivers have no regard for safety, or speed, or others. So where's the truck driver that Vanderman was supposedly trying to pass? How does he play into this mix? My point is... Who knows if Vanderman was trying to pass or not? Maybe he was just trying to see. He was not drinking or drugging, and him & his son were both wearing seatbelts. They've said that Williams was not. Hmm.. Sometimes things are just not as they seem to be. It's not likely that Vanderman had a personal vendetta that could have cost ALL their lives, his son's included. Both sides have the right to use the law to the full extent, and the Courts ensure that. And as for Rork, ALL attorneys take Court time management seriously. A flat tire, traffic, or another Court could have held him up, who knows? What attorney in his right mind would want to intentionally make a Judge and his Court wait? No matter what happens, everybody in this sad situation has already received a mental sentence that will never go away. God Bless them all!
January 17, 2009 at 8:12 a.m. ( permalink | suggest removal )
birch (anonymous) says...
Yes the visibility on a gravel road is always questionable. Doesn't that warrant more cautious driving practices. Vanderman was clearly on the wrong side of the road. That is where the trucks collided and stayed. Ask anyone that was at the scene. He was on the wrong side of the road.
People should slow down and think while driving.
January 17, 2009 at 8:31 p.m. ( permalink | suggest removal )