Driver Gets Probation In Teen's Death
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Updated: 7:56 PM Jul 6, 2009
Driver Gets Probation In Teen's Death
Student killed in August 2008 crash
A gravel truck driver convicted of motor vehicle homicide and failure to obey a traffic signal was sentenced Monday to 24 months probation and fined $1,000.
Posted: 1:10 PM Jul 6, 2009
Reporter: Bryan Latham
Email Address: sixonline@wowt.com
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A gravel truck driver convicted of motor vehicle homicide and failure to obey a traffic signal was sentenced Monday to 24 months probation and fined $1,000.

Arthur Perina was scheduled for sentencing last week, but the victim's mother asked the court to listen to a CD of music made by 17-year-old Joshua Wayland.

Wayland and his 16-year-old brother Jacob were on their way to school last August when they were hit by the truck on Highway 370. Police said Perina ran the red light. Joshua was killed and his brother was seriously injured.

Judge Todd Hutton read select statements from letters received on behalf of Joshua and some of his music lyrics because he said they may provide a "message for healing for both sides."

“When I heard the judge reading all the statements that the family made I could just see him smiling ‘cause he knows that's what he always was, he was always smiling, he was a loving caring kid,” said Shari Whipple, Joshua’s godmother.

Before sentencing, Perina's attorney Andrew Wilson told Judge Hutton the Perinas are "very, very good people. The 54-year-old is a father of five, grandfather of 11, a truck driver for 30 years and this was his first accident in more than two million miles driven. He asked the court to consider probation.

Perina addressed the court, telling the Waylands and the judge, "I am really sorry." Judge Hutton could have sentenced Perina to a maximum of one year in prison and a $1,000 fine, but told him by looking at his actions, "You are ready to heal." The judge found Perina remorseful and a pre-sentencing investigation found him unlikely to re-offend.

Judge Hutton said in sentencing he wanted to promote an opportunity to bring peace for both sides. "I think how the judge said what he said speaks to Josh," said Whipple. "Everyone has to face consequences for their actions."

"He is going through just as much as we are, I mean we remember Josh, he didn't know him, he doesn't know the type of boy he was, the love he gave everybody."

"Hurting this man is not going to bring the boy back and I applaud the judge for going to a lot of detail," said Pastor Jim McGaffin of Liberty Christian Center, Josh's pastor. "That's probably the most compassionate effort I've seen out of a judge in 25 years of going to court with people and helping people through problems."

As part of Perina's probation, he will pay court costs, have no alcohol or controlled substance, continue to see grief counseling and his psychiatrist, complete a defensive driving course and 200 hours of community service. The judge noted there were no drugs or alcohol related to this case and Perina did not have any history of use.

The judge also made it mandatory for Perina to take part in a victim/offender mediation program and said the same program was voluntary for the Wayland family.

After sentencing, Judge Hutton called Jacob to the stand and told him to make his brother proud.

Joshua's mother Amy said the family wants to move forward. "It's been tough, long, drawn out criminal proceedings, it has made it a little more difficult, hopefully today we got closure. Like I said in my statement, the family has forgiven him, we can't judge him, we are not judges.”


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