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Plea deal in Berthoud wrestlers' crash
Published September 12, 2007 at midnight
A Berthoud teenager has apparently reached a plea agreement with prosecutors in a January car crash that cost two fellow students their legs.
A motions hearing that had been scheduled for this morning was cancelled on the basis of a motion filed by 18-year-old Michelle Berra's attorney, John Chanin.
According to that motion, filed in Larimer County Court, Berra and prosecutors had reached a "disposition" in the case.
Chanin declined to discuss the details of the agreement Tuesday.
Berra is scheduled to be in court at 10 a.m. today.
Berra faces two counts of careless driving resulting in bodily injury for her role in the crash that critically injured fellow Berthoud High students Tyler Carron and Nikko Landeros, both members of the school's wrestling team.
Carron stopped on a county road late the night of Jan. 15 after getting a flat tire as he and friends headed home from a dance. He and Landeros got out of the Isuzu Trooper and were standing behind it when Berra crashed into them.
Berra told investigators she was distracted by a truck that was following her and never saw the Isuzu. Her attorneys believe the Isuzu's tail lights were blocked by the boys.
The Berthoud community rallied around Carron and Landeros, raising money as the two fought to overcome their injuries. Carron graduated from Berthoud High in June. Landeros is a senior at Berthoud High this year.
Berra's attorneys later filed a motion making it clear they would base her defense, at least in part, on the actions of Carron and Landeros ? specifically, on the allegation that the two boys were drinking before the accident.
According to court filings, Berra's attorneys obtained medical records from McKee Medical Center in Loveland and Denver Health Medical Center showing that Carron had alcohol in his system. The McKee record showed a blood-alcohol level of .133, according to court documents.
Berra's attorneys also questioned the role of Thornton police Cmdr. Lori Moriarty, who is a member of Carron's extended family. Colorado State Patrol records show that Moriarty videotaped a re-enactment of the accident, spoke with witnesses, and questioned the conclusions of the lead investigator. They asserted that Moriarty's involvement may have influenced the decision to file charges against Berra and, as a result, she was a victim of "selective prosecution."
They also questioned why authorities filed no charges against Carron for apparently drinking and for carrying four passengers in his car. He was restricted to one passenger by state law because of his age.
Prosecutors from the Larimer County District Attorney's Office, in a series of motions of their own, rebutted the assertions. Even if the boys were drinking, one motion said, it does not affect Berra's actions.
"How the car got where it was before the defendant came along is irrelevant," prosecutors wrote in a reply.
Similarly, prosecutors disputed the notion of "selective prosecution."
"Tyler Carron lost both his legs in this accident," prosecutors wrote. "He now walks with the aid of prosthetics. He will never again know what it feels like to wiggle his toes in the sand or have his feet tickled.
"There is nothing 'arbitrary' or 'discriminatory' in recognizing that justice does not require charges be brought against him in this case."
Those issues were expected to be taken up at the hearing originally scheduled this morning.
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