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Bus crash plea agreement in works
Published 12:21 p.m., August 27, 2009
The bus driver involved in a crash that killed a Pelican Rapids girl last year may serve a 180-day sentence as part of a plea agreement.
Loren Ernst, 70, of Moorhead, is charged with criminal vehicular homicide, criminal vehicular injury and criminal vehicle operation in connection with the Albertville crash that killed 16-year-old Jessica Weishair and injured several others in April 2008.
A trial scheduled for early August never happened due to a possible plea agreement with Wright County, said Brian Lutes, the assistant county attorney prosecuting the case. As part of the agreement, Ernst would plead guilty to the charges and serve a 180-day sentence, which could be served through some combination of jail time, community service and home monitoring. That determination is up to the court, Lutes said.
A pre-trial plea hearing is scheduled for September. Ernst and his attorney had asked Wright County probation staff to conduct its pre-sentence investigation prior to Ernst entering an official plea.
“As I understand it, (Ernst) is interested in resolving the case but he wanted some certainty as to how this would proceed if he pleaded guilty,” Lutes said.
State sentencing guidelines for vehicular homicide suggest a 48-month prison sentence, but Lutes says every case is different.
“I think (Ernst) absolutely deserves a consequence, but he doesn’t deserve prison,” he said.
Should Ernst enter a guilty plea in September, Lutes would ask the sentencing be held at a later date to give victims a chance to make impact statements.
Lutes said he has spoken with Kim and Stacy Weishair and their attorney several times since taking the case. The couple has accepted the terms of the plea agreement, he said.
The Weishairs are also filing a wrongful death case against Ernst in civil court. Ernst, who drove for Richards Transportation Service of Moorhead, told investigators he was getting tired about an hour and a half prior to the accident, according to court records.
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