The mother of a six-month-old infant killed last year in a car accident couldn’t hold back her tears as she took the stand at the sentencing hearing Thursday of the man responsible for the crash.
Lindsey Johnson, who held a picture of her daughter, Lainey, said, “She did not deserve this. Instead of waking up and hugging her, we visit her grave.”
Zach Philip Larue, 22, of Kingsley, was sentenced by Susquehanna County President Judge Kenneth Seamans to serve two to five years in a state correction facility, followed by two years probation for homicide by motor vehicle, as well as a consecutive seven years of probation for aggravated assault by motor vehicle.
It was recommended, by both the prosecution and defense, that Mr. Larue be allowed to apply to the state’s prison boot camp program.
Mr. Larue did not address the court prior to his sentencing.
Judge Seamans said, “I have sat here for 27 years… this is the most tragic case involving a child I have been involved with.”
Lainey Johnson died three days after the Sept. 2, 2013 crash that occurred on SR 92, Lenox Twp. Mrs. Johnson also sustained injuries in the crash.
“You took away my ability to be with her when she needed me most. My heart died with her,” Mrs. Johnson said. “I will never be complete again.”
At the time of the crash, Mr. Larue was traveling 73 mph in a 55 mph zone when he lost control of his vehicle, according to information offered in court Thursday.
Mr. Larue’s vehicle crossed over the double yellow center lines and struck two northbound vehicles – one of which was the Johnson’s.
“All you cared about was your truck,” Mrs. Johnson said in her remarks to Mr. Larue, adding that she did not believe he had shown any remorse for the crash. “You should be in the ground, not my Lainey.”
Jake Johnson told the court that he was with his wife at Geisinger Community Medical Center in Scranton when he received a call to return to Danville where his daughter was hospitalized.
“I knew something had gone majorly wrong,” he said.
He spoke of walking into his daughter’s room to find her dressed, with a hat on and a teddy bear by her side when the doctor told him Lainey had sustained severe brain damage.
“That was only the start of what my family has gone through in the past 14 months,” Mr. Johnson said.
He also told the court of the visits to his daughter’s grave; and the pain his wife endures from her injuries.
Several of Lainey’s family members also took the stand, including aunts and her maternal grandmother, Susan Young.
During the statements, Mr. Larue remained in his seat with his eyes cast downward.
District Attorney Jason Legg said, “No sentence can ever achieve justice.”
He acknowledged that sentencing was not only about punishment, but also about rehabilitation. “We have to accept this sentence as a start,” Legg said.
Although Mr. Larue had accepted an agreement that allowed for an aggravated sentence, the district attorney told the court that Mr. Larue had “not really come to grips” with his responsibility.
Mr. Legg noted that actions from Mr. Larue had divided the community – noting screenshots taken of social media pages had shown the defendant attending parties – including a “going away party” held in his behalf; as well as an Oct. 31 party.
Mr. Larue had entered his guilty pleas on Friday, Oct. 31. “He went from court to that party,” Mr. Legg said.
The district attorney argued for a long period of supervision after Mr. Larue’s release from prison based on his driving history. “We want to make sure he gets on the right path, and stays on the right path,” Mr. Legg said. “He’s made a start, but quite frankly, he has a long way to go.”
Judge Seamans noted the bravery of the Johnson family in their statements to the court.
To Mr. Larue, the judge spoke of similar cases he has presided over during his time on the bench. Judge Seamans said two individuals with comparable situations had turned their lives around. “This takes a lot of work by you,” the judge said.
“This is really a tragic occurrence,” Judge Seamans said, “but it really wasn’t a chance happening.”
He said it was Larue’s recklessness that caused the fatal crash.
Prior to the family’s remarks, and the sentencing, Defense Attorney Paul Ackourey spoke on behalf of his client.
Ackourey admitted his client had acted “impulsively and recklessly” causing “reprehensible damage to the victim and victim’s family.”
With the case set for jury selection in November, Ackourey said the plea agreement was reached in the eleventh hour, telling the court his client told him: “I’ve put these people through enough.”
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