WESTFIELD – An Upton man was sentenced to a two and a half year term in the house of correction Monday after he pleaded guilty to charges arising from a fatal crash on Bates Road.
City police reported on Feb. 17, 2012, that a 12:49 a.m. caller had reported that a single vehicle had crashed into a stump, flipped over and was on fire.
A Good Samaritan was credited with removing two of the occupants from the burning vehicle and all four occupants were outside the vehicle when the police started to arrive two minutes later.
Officer Jared Rowe was the first officer to arrive at the crash site and was followed within seconds by Sgt. Robert Saunders and officers Brian Freeman and James Renaudette.
Rowe reported that he found an unresponsive female party, later identified as Emily Savery, 18, of 17 Town Hill Road, Middlefield, lying on the ground. She was transported to Noble Hospital where she was pronounced to be deceased.
Rowe reported that a second passenger, Randy Smith, then 22, of 118 Martin Road, Douglas, had suffered a broken femur in the crash and was transported to Baystate Medical Center for treatment.
The third passenger was transported to Noble Hospital for treatment of minor injuries.
The operator of the 1994 Ford Escort station wagon, Jay P. Franklin, 24, of 1 Lackey St., Upton, identified himself to Rowe and had not been injured.
One of the passengers confirmed that Franklin had been driving and told Rowe that he was “driving, ‘drunk and pissed’ and as a result, lost control of the vehicle and crashed.”
Rowe reported that Franklin “showed obvious signs of intoxication” and told him that “he consumed multiple shots of vodka prior to operating the vehicle.”
Franklin refused to attempt field sobriety tests.
Franklin was taken into custody and, later that day, was arraigned before Judge Philip A. Contant on charges of motor vehicular homicide by operating under the influence of liquor, operating under the influence of liquor so as to cause serious injury, negligent operation of a motor vehicle and speeding.
He was released on $5,000 cash bail and on June 26 the charges were dismissed after he was indicted and arraigned on the same charges in Hampden Superior Court.
On Monday, Franklin appeared before Superior Court Judge Richard J. Carey and pleaded guilty to charges of motor vehicular homicide while operating to endanger under the influence of liquor and operating under the influence of liquor so as to cause serious injury.
A charge of manslaughter by motor vehicle was not prosecuted by the Commonwealth.
Carley sentenced Franklin to a two and a half year term in the house of correction on the first charge with a recommendation that it be served in the Western Massachusetts Correctional Alcohol Center on Howard Street in Springfield.
On the second charge, Carey ordered that Franklin be placed probation for three years after he is released.
