“There’s no evidence of criminal misconduct or recklessness,” said Solomon. “This was negligent. He diverted his eyes from the roadway … that’s about what it takes to have these kinds of tragic consequences.”
As tears fell down his face, former University of Connecticut bus driver Lukasz Gilewski recalled the events leading up to when he hit and killed UConn student David Plamondon a year ago.
Gilewski, 22, of Newington, pleaded no contest Monday (March 5) to charges of negligent homicide with a motor vehicle and failure to yield the right of way to a pedestrian.
Judge Elliot Solomon granted Gilewski a plea deal in Rockville Superior Court that does not involve jail time.
Under the agreement, Gilewski was sentenced to six months of jail time, suspended, and two years of probation.
“This, judge, is a case of momentary inattentive driving that had a tragic ending,” said Cynthia Baer, the state’s prosecuting attorney in the case.
A remorseful Gilewski apologized to Plamondon’s friends and family, and said Plamondon’s parents are going through something “no parent should ever have to go through.”
“David was a truly gifted and extraordinary individual,” said Gilewski, currently a senior at UConn.
There are conditions attached to Gilewski’s plea deal, including relinquishing his commercial license, which Gilewski has already done, and serving 100 hours of community service for each of his two years of probation – 10 of which must be spent speaking about safe-driving practices.
During the two years of his probation, he also is required to donate $40 a month to each of the foundations that were created in Plamondon’s memory.
One was set up by the UConn Foundation and the other is at his former high school, Oakmont Regional High School in Ashburnham, Mass.
Gilewski will also have to pay a $90 fine for his failure to yield the right of way charge and is required to enroll in a driver-retraining course.
According to police records, the accident happened at approximately 8:10 p.m. on March 22, 2011, when Gilewski was headed north on Hillside Road.
He stopped at a stop sign, turned his signal on, and started to turn left onto Alumni Drive, according to police.
Gilewski made eye contact with a southbound bus driver stopped at a stop sign and waved as he started turning, he told police.
Gilewski said he lost sight of the pedestrian, heard a “tumbling noise” and realized he had “run over the pedestrian,” according to court documents.
According to the police investigation, Gilewski was traveling 19 mph at the time of the accident. He did not have alcohol or drugs in his blood, nor was he using a cell phone.
Gilewski’s attorney, Hope Seeley, said after the sentencing Gilewski was wearing contacts at the time of the accident.
Police said the victim also did not have alcohol or drugs in his blood and was crossing the street properly when he was hit.
The impetus for the plea deal was Gilewski’s clean criminal record and strong academic background.
He is a member of an honor society on campus, has been on the dean’s list, and is active with different campus groups.
Gilewski has also been involved with volunteer work and plans to work for an out-of-state service organization after he graduates from UConn.
“A period of incarceration would not be fair, given how this defendant has lived his life,” said Seeley.
Seeley noted Gilewski stopped his bus “within seconds” and cooperated with police, including voluntarily turning over his cell phone.
“This resolution is in line with other cases of this type,” said Seeley.
The family of Plamondon, however, felt the sentence was not harsh enough and Gilewski should be incarcerated. “We are serving a life sentence without him (Plamondon),” said the victim’s mother, Linda Plamondon, who spoke during the sentencing.
The Plamondons were planning to file a lawsuit against both Gilewski and the university, but UConn spokesman Michael Kirk said he was unaware of any litigation yet.
Seeley could not be reached for comment regarding any possible litigation against Gilewski.
Linda Plamondon talked about her grief. She said because her son died at the scene, she was never able to say goodbye.
She talked about her son’s accomplishments as an athlete, a talented guitar player and singer. He was also a member of the UConn a capella group, A-Minor.
Plamondon had a 3.7 gradepoint average at UConn and was planning to attend medical school.
He also did community service through a UConn chapter of a national, student-run organization called “Silver Wings.”
“He was a joy to our family and a great source of pride for us,” his mother said.
Before granting Gilewski his plea deal, Solomon expressed his sympathy for the victim’s family.
Solomon said there are two kinds of justice: justice in the courts and justice in our lives.
“Sometimes the two coincide, and sometimes, they don’t,” he said.
Although he sympathized with the Plamondon family, he said the charges brought against Gilewski are the “only charges that are supportable.”
“There’s no evidence of criminal misconduct or recklessness,” said Solomon. “This was negligent. He diverted his eyes from the roadway … that’s about what it takes to have these kinds of tragic consequences.”
Solomon noted Gilewski has been “charitable” and a “hardworking” individual who moved to the United States as a Polish immigrant at the age of 5.
“He’s done what he did without the break many of us get,” said Solomon. “What am I going to rehabilitate?”
Posted March 6, 2012 as edited by HTNP.com Editor Brenda Sullivan editor@htnp.com
Related link: “Bus driver who struck and killed UConn student expected to accept plea deal,” http://mansfield.htnp.com/2012/03/04/bus-driver-who-struck-and-killed-uconn-student-expected-to-accept-plea-deal/
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