COLDWATER (WTVB) -- Branch County District Court Judge Brent Wiegle has tossed out a plea agreement in a case stemming from horrible traffic accident last summer. Weigle yesterday said it would be a miscarriage of justice for the court to continue with the plea that he approved without the Prosecutor’s office having had a full opportunity to sit down with the two crash victims. He said the right of victims to be consulted is not just a statutory, but a constitutional right.
Wiegle’s ruling said the Prosecutor’s office made an unintentional mistake in failing to notify the victims prior to the plea, an agreement which could have allowed the at-fault driver to be penalized with just a 250-dollar fine and community service after the 2 people in the other car suffered serious permanent injuries.
Bronson Softball Coach Becky Gray was behind the wheel of a convertible that was struck by an SUV driven by then 20-year old Adam Pierucki of Sturgis. The Sheriff’s Department said Pierucki crossed the centerline on U-S-12 west of Coldwater hitting Gray’s car head on. Riding with Gray was her cousin from Colorado, Brian Gorney formerly of Bronson, also a high school coach. They were heading back to Gray’s home in Burr Oak after a night at the Branch County Fair. Pierucki was also seriously injured in the collision.
Gray testified Wednesday that she was told by both the prosecutor’s office and the sheriff’s department that in her case, with the zero tolerance charge against Pierucki, she wasn’t due any victim rights notification. At the end of yesterday’s hearing, Judge Wiegle told Prosecutor Terri Norris that she seemed to be more concerned right now with shifting blame and he suggested Norris try to right a wrong.
Wiegle said he had done his best not to lob stones or blame anyone. Norris apologized to the judge as he left the courtroom. With the plea agreement set aside, a pre-trial hearing has been scheduled for April 22nd basically setting the matter back to square one.
Pierucki’s attorney, former Branch County Prosecutor Kirk Kashian, said he may appeal the ruling. That appeal, if allowed by Judge Wiegle, would be heard in Branch County Circuit Court.
