No Jail For Elderly Driver In Market Crash

Calif. Judge Gives 89-Year-Old Probation For 2003 Market Crash That Killed 10

(AP)  An 89-year-old man whose car hurtled through a farmers market, killing 10 people, was let off on probation Monday by a judge who said he believed the defendant deserved to go prison but was too ill.

George Russell Weller was convicted Oct. 20 of 10 counts of vehicular manslaughter with gross negligence in a case that renewed debate over whether elderly people should lose their driver's licenses.

Weller, confined to a sickbed, was not in court for his sentencing.

Superior Court Judge Michael Johnson said he agreed completely with the jury and called Weller's actions callous and showing "an enormous indifference to human life."

Weller was 86 when his 1992 Buick Le Sabre plowed at freeway speed into the crowded farmers market on July 16, 2003. In addition to the 10 killed, more than 70 people were injured.

Weller could have received up to 18 years in prison, but the judge said Weller's health problems, including severe heart disease, would make him a burden on prison authorities and taxpayers, and that imprisonment would most likely kill Weller.

Defense attorneys argued that Weller was a victim of "pedal error" in which he panicked and mistook the car's accelerator for the brake. Prosecutors said he was careless to the point of criminal negligence.

The judge noted that Weller had enough control of his vehicle to avoid cars and trucks within the farmers market.

"Mr. Weller chose to steer into the people, plowing into the crowd and literally launching bodies into the air as his car sped 2½ blocks," the judge said. The judge also called Weller's apologies hollow.

The district attorney's office did not make a sentencing recommendation but cited a probation officer's recommendation that Weller spend at least a short time in prison.

"I believe the courts have to be practical as well as principled," the judge said. "I don't see any purpose of sending Mr. Weller to jail or prison. It wouldn't do anybody any good."

Weller, a month short of his 90th birthday, was placed on five years' felony probation. The judge also ordered him to pay about $90,000 in penalties, including fines and restititution for families of two victims. Restitution for the remainder of the victims was still being resolved.

The crash sparked a national debate over whether elderly drivers should be given road and written tests when they renew their licenses.

Although Weller did not testify, a tape of his interview with police immediately after the accident was played in court. He told authorities he did everything he could think of to stop the vehicle, including attempting to throw its gearshift knob into park.

[susanhelit]

If he chose to steer into people, I don't especially care that imprionment would likely kill him.

[jeffk1623]

While I am not eldery yet, I can say my reactions have slowed as I have gotten older. I am sure this is the case for all humans and should be reason to mandate yearly driving tests for anyone over 60.

[SureTwoWin]

Elderly people should be retested. If I drove like this when I get old, someone needs to take away my license. Unfortunately, as we get older, our reaction and dexterity severely diminishes. Elderly people tend to become rolling roadblocks on the highway to becoming prime suspects in auto accidents. There are many times where I have seen elderly people driving the the opposite flow of traffic or when parallel parking, they totally hit fenders without them realizing it.

Becoming old is part of nature. It is very sad, that 10 lives were taken from this freak accident.

there is more to the story here. surely there is some initial event that both sides agree on as to why he steered into the market. perhaps to avoid hitting a j-walker, or maybe a hot coffee spilled in his lap. the idea that he intentionally steered into people sounds nearly impossible. that needs more explanation. susanhelit - do you really believe that out of nowhere this old man decided to swerve into a farmers market to commit mass-murder? The story doesnt even imply that as a possibility by saying he had a history of depression or a mental disorder of some sort. The AP needs to research this story further.

there is more to the story here. surely there is some initial event that both sides agree on as to why he steered into the market. perhaps to avoid hitting a j-walker, or maybe a hot coffee spilled in his lap. the idea that he intentionally steered into people sounds nearly impossible. that needs more explanation. susanhelit - do you really believe that out of nowhere this old man decided to swerve into a farmers market to commit mass-murder? The story doesnt even imply that as a possibility by saying he had a history of depression or a mental disorder of some sort. The AP needs to research this story further.

[porkchopcat]

A comedian once said "If they can remember when there weren't any cars don't let them drive." There's some wisdom in that, I think mandatory testing is a good idea after the age of 65. There are many other dangerous elderly drivers out there.

[porkchopcat]

A comedian once said "If they can remember when there weren't any cars don't let them drive." There's some wisdom in that, I think mandatory testing is a good idea after the age of 65. There are many other dangerous elderly drivers out there. This old dude should not have been driving.

[entity2006]

I have seen elderly get out of cars with walkers and with assistance from others. Some can barely walk to there destination. Which tells me they have no quick reaction time. It was obvious that he wasn't of right mind and health. If he was than he wouldn't have been in this situation. He would have been able to stop long before hitting all of those people. He should have never been behind the wheel. But most elderly need their cars to survive. We need to try to find a way to help the elderly. We take away their cars, you are certainly sentencing them to death. Not everyone can afford a cab. We as tax payers don't want to foot the bill, but we have to come up with a solution. Testing every year after 60 is a bit much, but there needs to be something in place that says they are a hazard to themselves and others, and we are here to help. Not everyone has time for charity assistance and or have the money to help either. Some of us strugle just to stay alive. But like the elderly, we all have pride and want to do it on our own. It is hard to admit that you need help. Our government needs to come up with solutions that would help everyone.

[abbadabbad1]

Have some mercy, this could be YOUR parent. Maybe he should not have been driving at all, but I doubt this gentleman got up the morning of the accident and decide to mow down almost 100 people. From what I've read, he's already imprisoned himself in his home since. Hey Susan, ever heard of an accident? That doesn't mean there should not be accountability, but it should be tempered with mercy, in some cases more than others. I hope if you ever have an accident you remember how you sounded.

[mav80404]

Couple things. First, Who knows if he intentionally drove into the market to commit mass murder. Of course the defense will come up with a million things else that could have happened. Only Mr. Weller himself knows that.

Secondly, I agree that all people applying for a Driver's Liscense should have to recieve a physical, where their reflexes and dextarity are tested, and a more effective optical exam can be administered. Also, I concur that a driving test should be mandatory every 12 calendar months. So long as the individuals are SAFE to drive, don't stand in their way simply due to age. Stand in the way of those that physically, mentally, or emotionally are not safe on the road.

Also, had the individual been 50 years younger, the "pedal error" would have been irrelevant. People aren't "victoms" of pedal error. They are victoms of their own errors. It is not the pedals' fault, it is the driver's.. regardless of age.

[entity2006]

What I worry about is that if he is ill, will he get better? The judge says prison will kill him. And yes, 18 years would probably kill him. But now that it is done, what if he gets better and gets behind the wheel again? Not being in prison, he could live a few more years. What is stopping him from driving agian? Even if you take away his license he could still drive the car. Just like the drunks on the road. You can take away their license, but they still drive. They do it all the time. We just need to come up with a better way of handling this in society today. Just remember, this is our future we are talking about.

[olebd]

Driving becomes sort of a pride thing for elderly but, I do believe a person has to know when it's time to give up the license to do so.

I remember my dad years ago had a stroke and was paralyzed on one side. He and I went to the DMV to renew his license (mostly to see what would happen) we came out of there in less than 30 minutes and he had a renewed license!!!

I've seen elderly driving with bad legs, knees and backs. This shouldn't be allowed. Once I talked to a guy who was 76 and just had a hip replaced 2 weeks prior....said he could barely walk before the surgery....HE was driving a 35 foot bus-type RV with a car attached to the back of it!!!!

Laws have got to change.

[tibu987]

At 70 I recognize that my memory and reaction times are not what they used to be. I do not drive now but I live in a large city with good public transportation. Still, there are no excuses for those people who recognize their inability to react promptly and accurately to prevent auto accidents. I feel that Mr. Weller should have been sentenced to prison time regardless of his health. It would be a reminder to other elderly drivers that should not be driving and give at least minimal solace to the families of those killed. There are many other accidents and deaths nationally attributed to elderly drivers.
The state must devise some sort of reflex time tests for drivers over 65.

[bhussbhuss]

I drive a busy CA freeway for 40 minutes to and then home from work everyday. It's not the old people that are dangerous- it's men from teenage to about 40. Whether it is a big ruck, a fancy SUV, a sports car or a motorcycle, seldom see a woman driving agressively. The cutting people off, sharking on the on-ramps, multiple lane changes and too fast for speed flow of traffic makes your freeway ride nerve wracking. Agressive drives are flat out rude. Me-first-ism! They didn't learn to wait their turn in kindergarten like everyone else.
Am sorry for this old dude and the people he hit, but not every elderly driver needs to be punished or singled out for testing because of his actions.

[bhussbhuss]

I drive a busy CA freeway for 40 minutes to and then home from work everyday. It's not the old people that are dangerous- it's men from teenage to about 40. Whether it is a big ruck, a fancy SUV, a sports car or a motorcycle, seldom see a woman driving agressively. The cutting people off, sharking on the on-ramps, multiple lane changes and too fast for speed flow of traffic makes your freeway ride nerve wracking. Agressive drives are flat out rude. Me-first-ism! They didn't learn to wait their turn in kindergarten like everyone else.
Am sorry for this old dude and the people he hit, but not every elderly driver needs to be punished or singled out for testing because of his actions.

[tinker3478]

This old sot murdered 10 people and injured scores of others. He should be in prison just like the guy who was convicted of the civil rights bombings and died a couple of weeks ago. Agedness should no more be a defense to keep someone from prison than youth is a defense to prevent the handing down of the death penalty.

[stanricker]

One thing I'm wondering about is whether or not
the crash investigators read any error-codes in the braking system of the '92 Buick........
I have a 91 Olds and a 92 Buick with identical
Anti-Lock Brake Systems on them.

About 2 years ago, I had a situation with the
Olds where I couldn't stop, no matter how hard
I stood on the pedal---BOTH feet, STANDING-----
Fortunately, I had 2 blocks and no traffic in
which to decide what to do; how to de-activate this confounded braking system; I realized that if I could kill the ignition, that would do it;
realizing that if I turned the ign-switch too far,
that would LOCK the steering column.........so I went one click off and almost went thru the windshield as the regular braking system took over; coming to a stop about 4 feet from the looming intersection.........

If one does a bit of a search on the "ABS" brake
systems in these older GM [and other] brand vehicles, it's evident that there's been tons of similar unsolvable problems---and they all plant "error codes" in the computers that manage them...

stanricker

[susanhelit]

This was no accident - read what the judge said. He's not sorry, and it was no accident. He chose to drive into people rather than damage his car by hitting a parked car (to take the most generous assessment).

He belongs in jail.

[dj0114]

I must be missing something here because I will never understand the logic behind not placing a mass murderer in prison because it might be fatal to that person%u2019s health!

The judge and the legal system seems to be more concerned with the well being of this convicted mass murderer than his ten victims and their families.

Isn%u2019t this a great example why people have little faith in the term %u2018justice%u2019? Isn%u2019t it stuff like this why people have no faith in our legal system?!

Mr. Weller was most likely not competent to operate a vehicle but chose to do so. He is responsible for the death of ten people and the injuring of 70 others.

But now that he is convicted he gets probation due to his health problems?! PROBATION!??!

For those of you who think this is right don%u2019t get upset the next time some moron gets behind the wheel and kills someone- maybe someone you know. Just forgive and forget- heck, invite the murderer over for dinner and make sure they are doing OK!!

Superior Court Judge Michael Johnson is not fit to sit on the bench. He forgot it is his job to make sure the sentence fits the crime. It is his job to make sure that justice is done.

It is not his job to make life comfortable for criminals in regards to their health and age.

[karen091866]

What's so sad about this whole thing is his lack of remorse and/or accountability.

The sheer audacity of him to remark, "why didn't they get out of my way!"

Yes--accidents can, do, and will always happen.--What this man is obviously lacking is some aspect of moral fiber. Unfortunately, at his age, it is HIGHLY unlikely he's ever going to have it.

[eerilyodd-2009]

If I remember correctly, this guy had some other 'accidents' in his neighbourhood, including knocking over a retaining wall and smashing in the back wall of his garage, several times, from the looks of it. There was a pattern of poor driving before this horror happened, I think.

[charmer373]

this whole story is pretty sad. but honestly, the judge's decision kinda makes sense. i mean, its not like the guys going to b doing anything anytime soon, right? i really dont know, though... the fact that he chose to drive into people as opposed to damaging his car is pretty sick. the message that this might b sending out to others is that its ok to kill other people as long as you are old and have failing health... whats that going to say to other potential murderers about our justice system? But there is always the possibility of the brake system being at fault. but couldnt he have swerved into a car instead? this case is really just a mess...

[finny06]

Probation for killing 10 people.

Anybody can see that is just plain wrong. What message does it send? Are people over 85 just not responsible for their actions anymore?

[hermit22]

Of all the places I've lived, California drivers are the DUMBEST! Having said that, maybe the investigators of lots of wrecks need to take Mr. Rickers advice about checking the BRAKES! Maybe there are many people who had wrecks, compliments of GM and other manufacturers.

[grumpas]

I will have to agree with most here! Why isn't he in jail? If I did something like that I would never get out! Just because he is elderly and in poor health is no excuse! All it does is sent a wrong message to other senior citizen's (I am a senior citizen) it's all right to drive when you should be taking a bus!

[silverbells5]

Hello! Jail is not going to kill this guy, old age and illness is. Look at it this way; at least the taxpayers won't have to pick up the tab supporting this this guy in his last years of life.

[tibu987]

Mercy?
I think more about of the people that he killed.
His family should be ashamed of themselves, they are in a way, more guilty than he is.
He should be put in jail just as any other driver that killed ten people. That he dies there, so what.
Do the crime, do the time.
I am just glad that I was not there to see such carnage.

[thomas998]

The judges in this country have lost it. In Florida you have women too pretty for prison, in the mid-west the pedophile is too short for prison and now in LA-La land a murder is too old for prison.

Seems like the only chance this country has for justice if is a short pretty woman of about 90 years driving a semi runs through a convention full of judges.

And maybe backs up a few times.