The teen driver involved in a June 13, 2013 vehicle rollover on Pike Lake Road that resulted in the death of 14-year-old Dylan Marshall of Grand Marais returned to court on Monday, January 13, 2014 to hear what penalties he would face.
In November, the defendant, now 17 years old, entered a guilty plea to criminal vehicular homicide or operation of vehicle under influence of alcohol and illegal drugs, a felony; criminal vehicular homicide or operation of vehicle under influence of alcohol and illegal drugs, a gross misdemeanor; theft/taking a motor vehicle without owner consent, a felony; and furnishing alcohol to a person under 21, a gross misdemeanor.
Probation recommendations
Judge Michael Cuzzo asked Probation Officer Rhonda Zacher-Koneczy to summarize probation’s recommendation. Zacher-Koneczy explained that she had investigated two programs—Woodland Hills Residential Treatment, preferred by the teen’s attorney Public Defender Fred Friedman, and Arrowhead Juvenile Center (AJC). Zacher- Koneczy said both are good programs, offering the necessary services. “Obviously the ultimate outcome is to get [the teen] some treatment,” said Zacher-Koneczy.
Zacher-Koneczy said she had talked with the facilities about school curriculum and said she believes they both offer what the teenager needs to continue high school. She noted that it is important to the teen that he graduates with his classmates. “We do want that to happen,” she said.
Zacher-Koneczy said she recommended AJC, a “locked” facility. She said probation believes it is best because he will be in a safe and structured environment and will be able to focus on his program.
Whatever location the court chose, Zacher-Koneczy recommended allowing him to finish out the last week of the current school semester, entering the program the Saturday following the semester break.
Prosecutor and Marshall family speak
Judge Cuzzo asked Special Assistant Cook County Attorney Laura M. Auron of Lake County for her thoughts on the probation recommendations. Auron noted that the teen was before the court with all of its protections. She said he could make a statement to the court. She said he can tell the court that he wants to enter the Woodland Hills program and he wants to graduate with his class.
However, Auron said, “You won’t hear the ‘wants’ of Dylan Marshall. His ‘wants’ were taken away on June 13, 2013. He will not be coming home in six months or six months after that. Dylan is not here, but he and his family are due justice.”
Auron said she had a stack of letters from people arguing for leniency for the defendant, many saying Dylan’s death was a tragic accident. “I agree it was a tragedy,” said Auron, “but it was not an accident…I’m not saying anyone wanted this to happen…but given all the events, all the actions, this was predictable.”
Auron said the recommendations put forward by probation were reasonable and appropriate.
Judge Cuzzo asked the Marshall family—Dylan’s father, mother, and sister—seated together at the back of the courtroom, if they wanted to make a statement. They had something to say, but were unable to speak, so Zacher-Koneczy read a letter written by Dylan’s mother. Before she read the statement, Zacher-Koneczy noted that the family did not want Dylan to be just a footnote in this case.
Christy Marshall wrote about the impact of losing her son and her family’s daily struggle to carry on. She wrote: “…The life force and energy that Dylan brought into our home, our life, our heart is greatly, sadly missed. Dylan is greatly missed not just in our home but everywhere. The world is not the same without the mane of curls, the smirk or his zest for life.
“…Life is forever changed. My daughter has suffered greatly…losing him is more than losing a brother, it is like missing her other half. It is like a part of her died when he did… she struggles to be in a world without Dylan.
“…My husband James quietly struggles, more concerned for the wellbeing of his girls than himself. He goes to the crash site daily to have some time with his son…
“…My son Dylan was a fantastic human, a great friend to many, an awesome brother, a kick ass skateboarder and a mischievous blessing for a son. Dylan was, well, Dylan was real. Love it or hate it, he was just Dylan.”
Marshall noted that her letter was not to condemn the teen driver, instead she said her family loves him. She said the fact that the driver and her son and daughter were best of friends makes it all the harder.
She concluded, “…This situation is a tragedy, this is families torn apart. There is no justice in a situation like this. We all lose. What I hope from all of this is for [the teen] to move forward with positivity in his life and to make good choices. He was given a second chance on June 13, 2013 and I hope he lives every day as the blessing it is and lives ‘Dylan Strong.’”
Words from teen and his attorney
Attorney Friedman was given the opportunity to speak on behalf of his client. First, he turned to the Marshall family and said, “I’m so sorry. Dylan will not be a footnote, I promise you.”
Friedman told the judge that his client wanted to plead guilty back in June. “He accepts responsibility, not 95 percent or 99 percent; but all responsibility…This young man brought up to me, asked me, if there was a way he could speak at schools about drinking and driving and death…The only ‘I’m sorry’ that has long-lasting impact is how he conducts his life,” said Friedman.
To that end, Friedman argued that Woodland Hills has classes such as economics and physics that would not be available at AJC. Friedman said wherever he goes, his client will “attack the program and do fine,” but he reiterated that Woodland Hills would be more appropriate. Friedman said there was no chance of his client absconding from the facility.
Judge Cuzzo asked the teen if he had any comments and the young man quietly replied, “Nothing other than my statement.”
The teen had submitted a twopage letter to the court in which he wrote, in part: “…I can hardly live with myself, both at the responsibility of Dylan’s passing and the damage I have done to everyone who was close to Dylan and the town, but also at having lost my best friend. I will never know anyone else like Dylan; he was one of the most important people in my life.
“…If I could go back and change things I would, long before June 13. If I could trade places with Dylan, I would without hesitation…I spend every waking minute thinking about him, thinking about how I would fix things if I could…But I know I can’t, although I think about it constantly. All I can do now is go forward and control what I do now, to try to be a better person…
“I don’t know how to say how sorry I am, I don’t know if it’s possible. I don’t know if it would make any difference if I knew how. The damage is done. I’m not trying to defend myself…I just want it to be known that I’m sorry. I can’t begin to explain how sorry I am.”
Judge seeks justice
It was time for the judge’s decision. Judge Cuzzo said, “It is such a difficult thing to sit in court to administer justice when there is no justice for Dylan Marshall…The only way to have justice here is to somehow translate the loss of Dylan Marshall into something that can serve the community.”
Judge Cuzzo read the adult penalties that the teen driver could be sentenced with if he did not comply with the extended juvenile jurisdiction requirements. He then ruled that the young man enter the program at Arrowhead Juvenile Center for six to nine months. He said he hoped the small taste of confinement would reinforce the need to comply with the conditions of probation, which will be in force until the young man turns 21.
Conditions of probation are to attend a MADD Victim Impact Panel and provide 100 hours of community service each year for three years. Judge Cuzzo said that community service could be time spent speaking at schools. He must also attend AA or NA and show proof of attendance, not possess alcohol or mood-altering drugs, submit to random drug testing, not enter bars or social gatherings where liquor is served, not drive in a reckless manner and have no same or similar offenses. He must attend school or be employed and must comply with a 10 p.m. curfew. He must also write a letter of apology to the Marshall family.
Judge Cuzzo said although he came into the courtroom ready to remand the teen to the custody of a facility, he had had a change of heart. Cuzzo said he would allow the teen to finish the current school semester before entering AJC.
Finally, Judge Cuzzo told the teen that he must return to court every six months for a review. “I want to hear what you are doing to make something of this tragedy…The only way this will make sense—although it will never make sense—is what comes out of your behavior. I hope something comes out of this to honor Dylan Marshall’s memory.”
After the sentencing, as the courtroom emptied, the Marshall family stopped to talk to the teen; tears flowed as they embraced him and his family.
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