No Jail For Elderly Driver In Market Crash

(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.

[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.

[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.

[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.

[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!

[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.

[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?

[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...

[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.

[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.

[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.