Loveland – Prosecutors and Michelle Berra avoided the uncertainties of a trial by plea-bargaining a charge of careless driving, said Karen Steinhauser, a former prosecutor in the Denver district attorney’s office.
“Both sides look at an evaluation of facts. The prosecutor is looking at it to say, can they prove careless driving, are there some facts that may make it difficult to show that this person was careless?” said Steinhauser, who is not involved in the case.
Berra’s vehicle struck Tyler Carron and Nikko Landeros on Jan. 15 on a lonely road where the boys stopped to change a tire on the Isuzu Trooper in which they were driving three girls home from a formal dance.
Both boys, 17 at the time, lost their legs.
A court hearing during which Berra’s lawyer, John Chanin, was expected to argue that the boys recklessly stopped in the middle of the road, was canceled Wednesday.
Instead, Berra pleaded guilty to avoid the stress and financial strain of a trial on herself and the boys, Chanin said after Wednesday’s hearing.
“We have always maintained that the charges should be dismissed,” he said. “Today’s agreement dismisses it in 12 months.”
And the defense has to consider whether it is worth risking the serious consequences that losing a court battle could bring, Steinhauser noted.
A finding of guilt could have seriously damaged Berra’s future, she said. “They have to weigh this.”
The case has strained relationships in Berthoud, where some felt it shouldn’t have gone to court and others wanted Berra to be prosecuted, Larimer County Judge Peter Schoon said in court.
He said he hopes any rifts in the community will now heal.
Neither Landeros nor Carron attended the hearing. Neither they nor their families could be reached for comment Wednesday.
Tyler Carron’s father – Berthoud High School assistant wrestling coach Bruce Carron – said Tuesday night that he was not surprised that a plea deal had been reached.
The case was difficult and laden with emotion, said 8th Judicial District Deputy District Attorney Joshua D. Ritter.
“The job of a prosecutor is always to seek justice and to see that the right thing is done,” Ritter told the court. “I think the right thing was done here.”
Berra, 18, agreed during Wednesday’s hearing to perform 48 hours of public service over the next 10 months and attend an Alive at 25 defensive driving class.
The charge of careless driving with bodily injury will be dropped after one year if she complies. Any misdemeanor traffic offenses during that time would invalidate the plea and subject her to as much as one year in detention, a fine of $1,000 or both, and four points on her driver’s license.
Prosecutors were not willing to reduce the charge, and that reluctance became a sticking point in negotiating the plea, Ritter said.
By pleading guilty to careless driving, Berra has accepted responsibility for the accident, he added.
Prosecutors never wanted to put Berra in jail, he said. “We were looking at education and service. This gives her a chance to give something back to the community.”
Staff writer Tom McGhee can be reached at 303-954-1671 or tmcghee@denverpost.com.
Staff writer Monte Whaley contributed to this report.
