Vermont Bar Journal, Vol. 40, No. 2 Summer 2014, Vol. 40, No. 2 | Page 26

SPECIAL ISSUE: A Facilitator’s Reflections 26 and killed her dog. The offender was driving to her friend’s house from her mother’s home, less than a mile from the crash. It was later revealed that the offender was reading an incoming text message at or around the time of the crash. Once this was determined by law enforcement, she was arrested and charged with Grossly Negligent Operation of a Motor Vehicle with Serious Injury Resulting, a charge that can result in a fifteen-year maximum sentence and a $15,000 fine. At the beginning of the trial, the defense team argued that the victim was walking in the same direction as traffic on a dark road, with no sidewalk or shoulder, and was wearing all dark clothing. They had hoped to argue that the victim was intoxicated (with a BAC of .99), but this was deemed inadmissible. The state argued that the offender was texting with friends, as established by phone records, and was grossly negligent. They argued that the offender erased her text messages right after the accident (and, by the way, after dialing 911) to cover up the fact that she was a distracted driver. Halfway through the defense’s case, perhaps because the state’s evidence was compelling and the defense’s case was not materializing as planned, the offender pleaded guilty to two counts—one of Neg- ligent Operation and one of Grossly Negligent Operation with Serious Bodily Injury. The offender was sentenced to thirty days in jail and five months of in-home confinement, a five-year deferred probation sentence (with an underlying six to twelve month sentence to serve if violated) and five hundred hours of community service. At least one hundred hours of the community service needed to “be served speaking to high school students about the dangers of texting while driving.” She was also directed to complete the “Community Reparation Program at the direction of, and full satisfaction of, your probation officer.” In a final statement to the court, the offender shared with the victim, “I would just like to say I’m really sorry ... I wish I could take all your pain away and I do wish I could take your spot and give you your life back. I never meant for any of this to happen.” Outside of the courtroom, when addressing the media, the victim shared, “If your car is on, turn your cellphone off.” This is a story/case that is actively unfolding and will be documented elsewhere in the not-too-distant future. Kate Brayton, Director of the Essex Community Justice Center, and I ended up co-facilitating a restorative justice conference that was a direct result of the “reparative condition” noted above. The condition could have been satisfied by an appearance by the offender at a reparative board meeting, which would then have established what more mig