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City man sentenced in fatal 2008 crash



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By Brent Curtis Staff Writer - Published: November 6, 2009

Richard J. Thow said he was sorry Thursday before he was sentenced to nine months in jail for careless and negligent driving in a motor vehicle crash that killed his friend last year.

The 20-year-old Rutland man's apology might not have satisfied the friends and family of Joseph Earle, who testified in Rutland District Court that Thow should serve a longer sentence for causing the crash that killed the 19-year-old Clarendon man.

"If I could go back and take it all back ... but I can't," Thow said, facing Earle's family. "I want you to know that I'm sorry for all the pain I caused you."

"Thank you," Earle's mother, Joanne Earle, replied from her seat in the audience.

The acknowledgement of remorse and gratitude for the gesture punctuated the end of a sentence hearing filled with bitter remarks, regrets and pleas for a lengthier jail sentence for Thow, who pleaded guilty to careless and negligent operation in the March 6, 2008, crash.

Thow, Earle and his younger brother, Benjamin Earle, who was 17 at the time of the crash, were on their way to a fight in a two-door Saturn that Thow was driving on Cold River Road when the crash took place, according to witness statements and state police reports.

While speeding toward the showdown, the car crossed the center line of the road, colliding head-on with a pickup driven by 56-year-old James Wetherby of Cuttingsville. Earle died at Rutland Regional Medical Center shortly after the crash.

Nineteen months after the crash, Thow heard outraged and heartbroken accounts from members of Earle's family — a family that once considered Thow a close friend.

"Ricky was like a member of our family, but his actions took away Joey," Joanne Earle told the court. "His actions left us sad, angry, confused and emotionally empty."

Joanne Earle, along with Earle's sister, Deborah Earle, and Wetherby, told the court the plea deal Thow accepted wasn't severe enough given the permanent damage he'd done.

Thow was originally charged with felony gross negligent operation of a motor vehicle — a charge that carried a potential 15-year jail sentence.

But prosecutors were willing to amend the charge to misdemeanor careless and negligent operation in a plea deal that Thow accepted in September. The reduced charge carried a maximum one-year jail sentence. The sentence handed down by Judge Thomas Zonay on Thursday was 11 to 12 months all suspended except for nine months to serve in jail.

In answer to the family's request that the more serious charge be reinstated, the judge said he didn't have the power to compel prosecutors to bring charges and Rutland County State's Attorney Marc Brierre said his review of the evidence lead him to believe that a jury conviction on the felony charge was unlikely.

Brierre said witness and police statements combined with an analysis by an accident reconstructionist hired by the state convinced him that Thow was speeding at the time of the crash but didn't engage in other forms of reckless driving and was not under the influence of drugs or alcohol.

Thow's defense attorney, Matthew Harnett, said Thow has no prior convictions and a clean driving record.

Thow was scheduled to report to jail by the end of the day on Thursday.

In addition, Thow, who has been prohibited from driving since April 2008, will not be able to operate a motor vehicle for an additional year.

"I hope this serves to illustrate that teenage bravado and bad driving have tragic, life-altering consequences," Zonay said after issuing the sentence.

After the hearing, Earle's parents and his sister said they appreciated comments Zonay made acknowledging Thow's culpability for the death of their loved one. But they said they were bothered that the charge Thow was convicted of made no mention of the fatal results of the crash.

"There's nothing in it that acknowledges he took a person's life," Earle's father, Doug Earle, said. "It kind of takes away from my son's death."

brent.curtis@rutlandherald.com








READER COMMENTS


i love you joeyyyyy and always will i think about you everydayy i wish you were still here...your in a better place now...its soo different not seeing you...i love you and miss you and hope to see you one dayy
-- Posted by Nikki Chadburn on Sat, Nov 7, 2009, 11:29 pm EST

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Well said Mrs. Earle.. May God be with you are your beautiful family....
Joey was indeed, One of the Best xoxox
-- Posted by justa citizen None on Fri, Nov 6, 2009, 9:20 pm EST

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I want to thank everyone for their comments. You are all entitled to your opinions. To clear a few things up, we (The Earles) did not have any say as to the length or severity of Ricky's punishment. This was the State of Vermont vs. Ricky Thow, not Earle vs. Thow. The agreement was already in place before we were even asked our opinions or what we thought the sentence would/should be. We did not want to see Ricky suffer as Lindsey has perceived. Ricky was a kid who made a horribly wrong decision to drive his car in a poor manner. Were there times I hated him, of course there were. My emotions have been all over the place. I have lost a son. I needed to lash out at everyone and anyone I could. My pain was so strong I too have thought about it being easier to be with Joey then here and suffering day after day. If you have never lost a child don't even imagine how I feel, if you have never lost a brother don't try to imagine how Ben, DJ, Jon, Shanaya, Shereese, Deb, or Miranda feel. And Lindsey, I never sent any emails to Ricky pretending to be Joey, do you think I am that insensitive? What on Earth would that have served? If I had something to say to Ricky I would have said it outright I would not hide behind my dead son's name. Ben was in the accident, he was not knocked unconscious and he saw his brother's body broken, bloody, not responding to anything, imagine that every day of your life. Ben suffers from PTSD because of this and the State has not allowed him to seek a new treatment to help him with this because his memory is evidence and if he received the treatment before this was over he could have been charged with tampering with evidence, so for the past 610 days he has lived every day seeing his brother's head smashed to pieces soaked in blood, is that what the world wants to hear, well you heard it. Did anyone know that Ricky's car has been parked at the DMV since the accident and everytime we went there to renew licenses etc, we had to see where Joey was killed. We had to purchase black plastic and beg the State Police to cover the vehicle so we didn't have to view Joey's death bed. Those are facts. We never got an order of protection against Ricky. His attorney didn't feel it necessary and in order for us to have gotten one we would have had to have another hearing which the State didn't feel was warrented. At one time we wanted it for the protection of our own sons. Their emotions were raw and warrented considering their age. We thought no contact with Ricky would be best. Lindsey's comments about the boys friends attacking Ricky and Lindsey are once again because everyone loved Joey so that seeing Ricky out living his life seemed unjust to them. Ricky could have called us at anytime, written us a note but we knew he must have been advised not to. The day after Joey was killed the rumor came around that Ricky had also been killed. I fell to my knees because I thought we had lost another. A few weeks after the accident I saw Ricky and Lindsey at Cumberland Farms I went up and shook his hand and asked him how he was, you remember that right Lindsey? In the Court room we have never been anything but cordial to you and Ricky. We have never made rude remarks and I have always asked him how he was. If I have ever given you or Ricky an impression otherwise I am sorry. The media has stated several times that we wanted more time for Ricky. That place he is going to is not a good place. Remember Ben was there because he defended Joey's name. It's a hell-hole, it's dirty, it's confining and it's the pits for you can only visit for 1 hour 1 day a week and you can't even hug your loved one. We have been there. What we wanted was to have the State leave the word FATALITY on the charge. To have that word dropped from the sentence to us seemed to lessen the fact that Joey died. I ask for everyone to stop the comments, please let us and the Thows and Lindsey rest. It has been a long 610 days. Comments do nothing but to fuel a fire. The Earles appreciate everyone's love for Joey and their concern for the rest of the family. We need to heal, there is a hole in our family. We want to move forward. We will never forget Joey, his smile, his laugh, his love of us and his friends. We will be thinking about Ricky and wishing him the best. We hold no hard feelings against Ricky. We know he loved Joey too, but Ricky did not lose a brother he lost a good friend. I cannot and will not apologize for the actions of my sons. Do I support their actions? No, but their hurt is so great and everyone handles it differently. Any wrong they have done they have had to answer to legally. Once again, please let us rest and heal. No more accusations or insinuations on either side. RIP Joey Earle we all love you and miss you. Posted by Joanne Earle, Joey's Mom.
-- Posted by joanne earle on Fri, Nov 6, 2009, 8:26 pm EST

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John, I hear you, and I hear what you are saying.. And maybe if I wasn't a close friend of both of them, Ricky and Joey, then I wouldn't be adding my opinion.. Actually, facts sir, Ricky wasn't doing anything illegal, he was just pumped up on a Fitch that meant something to him.. He and Joey were like family, and DJ and Ben, too.. When the accident happened, everyone Ricky thought loved him, turned their back on him. But Joey Never would have.. Not in a million years.. ~~ Ricky didn't drive erratically, or stoned, or drunk, he was just in a situational that caused more adrenalin than most, and then all 3 of hem, Ben, Ricky and Joey, were victims of a tragic accident. And that's all that there is, a Tragedy...
And i believe if Mr.and Mrs. Earle, along with the family, look deep into their souls, they would realize and Know in their hearts, that Ricky never ever meant for this to happen..
Do any of you truly know what it is to lose a freind? A true , wonderful, incredible friend'? Well Ricky does, and to know that your actions caused the life of said friend, everything is different''' I can remember the night that Ricky called me, the day after Joey's death, He was distraught, and couldn't believe that Joey was actually gone.. He cried for 20 mins , before I got him to talk to me... He still to this day, does not remember that accident.. And I thank God for that!
Does that sound like someone who has no remorse? All of us, and I mean everyone, who knew Joey Earle, knows that this is a tragedy.. I can't believe he is gone, and it hurts everyday.. But please don't think for one second, that Ricky Thow hasn't paid for this horrible mistake.. And no sentence ordered by any court will change the pain and heartache we will all feel for the loss of Joey Earle...
Esp the Earle family,, and Ricky Thow... I will pray that the Earles can find it in thyeir hearts to finally let go, and I pray for Ricky, who will live this nightmare a lot longer than anyone else in the world... I love The Earle's, and I always, will, but joey is gone, and my heart bleeds for Ricky Thow, and Ben....whom was a vicitam in the crash... May God lead you, and Bless you through your pain.....
And again, as for Ricky, to know him is to love him, and that's all htere is left...
RIP{ Joye, we love you always, and we will support Ricky, in oyour name. xoxox We know that is what you would have wanted,
And LMiles, Yes you know me, and I will never give up supporting RIcky or Joey, Ever....xoxoxo
-- Posted by justa citizen None on Fri, Nov 6, 2009, 6:39 pm EST

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Justa, I know he didnt murder anybody. his actions were gross and negligent. I realize that this happens. AND IF HE WAS REALLY BEING A GOOD FRIEND HE WOULD HAVE TALKED HIS BUDDIES OUT OF GOING TO A FIGHT!!!! all pumped up and heading down the road looking for trouble. and they found it. unfortunently. The Judge, the Earle family, and most likley 95 percent of the county sees this situation the way I do. yes I am sure Ricky feels awful. but that doesnt mean Ricky has to be let off with a slap on the wrist. RESPOSIBLITY AND ACCOUNTABILITY. I feel that nine months and his licence back in one year is not enough punishment. and I also feel that fifteen years would be to much. like you stated It was his friend and he does have to live with this also. but the sentance isnt fitting. thats my opinion. and I guess we will have to agree to disagree.
-- Posted by John Smith on Fri, Nov 6, 2009, 4:28 pm EST

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To see these hateful remarks made about an incident that so few people know the truth to really breaks my heart.

My boyfriend, Ricky Thow, is an amazing person inside and out. For you hypocrites to accuse him of doing the things that you think he was doing is absurd and childish. To hide behind a screen name and cast stones at a man you don't even know, whose story you haven't heard, is so cowardice.

I have known the Earle family for years now because my nephew is also Joe's nephew. I don't fault them for being upset for losing a family member in an accident at all; I cannot imagine what grieving to that extent does to a person. I DO know that in their grievances, a few of Joe's brothers and Joe's brother's girlfriends have attempted to visciously attack Ricky on multiple occasions, from attacking his friend's car with a golf club to chasing my car with him in the passenger's seat to calls from anonymous numbers. The victim's mother even sent my boyfriend e-mails from Joe's account AFTER his passing, impersonating her dead son and putting Ricky through even more emotional stress than he had been going through before. But did the paper mention that? Of course not. What did the police do when Ricky tried to report the harassment? They said they couldn't do anything. Of course not-- he isn't viewed as the victim at all. Granted he is still alive, but HE LOST A BROTHER TOO. HE has had to put up with the constant hatred from a family that once accepted him as another one of their sons.

I loved Joe as a close friend. He was a funny, intelligent, sarcastic, fun-loving young man that was taken too soon from us all. The Earles and the community lost a shining star that many people cared so much about. But for you people to mercilessly make comments without knowing Ricky and knowing what he has had to deal with, too-- absolutely despicable. Don't you worry, once Ricky is finally free after taking responsibility for his actions (something that all too many people in society have a real issue with...), he and I are getting as far away from this judgemental, scuzzy, welfare-infested compost heap of a "city" and build a reputable life together, where you nuisances can no longer infect us with your hate.

And to justa citizen, I think I know who you are, and thank you for sticking up for my Ricky. He really is a good person, and I am glad that some people aren't brainwashed by our biased, finger-pointing media.

I love you Ricky Thow, I can't wait until you are out and we can start our forever far away from here.
-- Posted by L Miles on Fri, Nov 6, 2009, 4:11 pm EST

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Wow.
-- Posted by L Miles on Fri, Nov 6, 2009, 3:52 pm EST

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John, Michelle, you people are not nice at all... I often wondered while reading your posts on various topics, if you have someone "inside" where you get your info, until today, Now, I know that you are just regular people who don't know what is really going on..
Rick Thow did not MURDER anyone, he was in a bad car accident that took his best friends life.. He is NOT without remorse.. You people weren't there this past yr, to see his pain, he lost Joey too! And they were like brothers. This hasn't been easy on him one bit! He has to carry that around with him for the rest of his life. And FYI, he wasn't able to EVER apologize to the Earle's, because they immediately got an order of protection, from him, and he was not ALLOWED to try and contact them at all.. So the letter of apology that he wrote Mr & Mrs. E, is still sitting in a drawer at home.. Ricky has been through enough with this ordeal. He lost his friends, his memory, hearing in his left ear is shot forever, he suffered serious injuries during the accident.. But you people don't care about that do you? A guy doing NO drugs, there was NO alcohol involved, and this was just a horrific accident. A tragedy. And if you were able to read all the documents, you would know that the roads were slick in some spots, AND, if he was using his Ebrake, screwing around, like John Smith says he was, then they would have proof of that in the reports.. Like how they can read a black box and know every detail of your driving, minutes before the crash..
There was no screwing around here, no type of substance abuse, they were just on their way to beat up the Hubbard for calling their family " Niggers"...
Ricky really didn't have anything to do with the fight at all.. He was just being a good freind, and driving his buddies there, and being their support..
He never meant for the accident to happen, and He loves Joey like a brother.. He always will. You people weren't there this past yr when he was at his lowest, and wanted to end his life for what happened to Joey. I've answered many calls from Ricky and I've had to talk him down, and remind him that Joey would not want this to happen.. He is going to serve his sentence, and come out a stronger, better man. And then hopefully he can leave this Stagnant city and make a real life for himself. His journey isn't nearly over with the Earle's. Maybe one day they will forgive him, maybe not, but I know for a FACT that if it were one of the other brothers who died in the crash, Joey Earle would NEVER forsake Rick Thow, he would have felt the pain , of course, but he would have known that this was just a horrific accident and a terrible mistake..He would never have turned on Ricky like the Earle's have... RIP Joey. Miss you as always, and we will love you forever xoxox And for Ricky, stay strong, do your time, and just come home to us safely ... For Mr Smith and Michelle, again, you are not nice people at all.. Alot of what is wrong with our world today, is close minded, judgmental Hypocrites like you people without any of the facts..... I will pray for you.
-- Posted by justa citizen None on Fri, Nov 6, 2009, 1:31 pm EST

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Hey Bill. I believe his buddies stated he was drifting around the corner. Do you know what that is. its skidding side ways around a corner on purpose. He intentionally put his car in a skid that went into a pick up truck.... The driver of that truck has to live with what happened due to Ritchards poor thought process for the rest of his life. and the Earle family will have to live with the loss of a son and brother. Its sad what the state gave Ritchard for a sentance. and the fact that he will be driving in less then a year is also outragous. so dont sit there trying to pick a beef with me over this. I didnt cause this disaster. Ritchard did. he knew better. its all cause and effect. any dim wit knows that. I feel the state should have given him more time to think about his actions. and that the states attorney blew it. And Bill if it was Your kid that got killed Im sure you would be singing a different tune. and as far as running my suck. Im going to keep running it, what are you gonna do about it.
-- Posted by John Smith on Fri, Nov 6, 2009, 10:11 am EST

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BILLY, first of all how do you know John Smith isn't his real name. I just counted 7 John Smiths in the phone book.
And I agree with him. Mr.Thow's was fooling around with a deadly weapon. he wasn't driving like he was taught and like he did when he passed that state exam to et his license to drive. It was a game to have the car go around the corner and have the rear end of the car come around to the side. Drugs and Alcohol doesn't have to have a thing with it. It is the fact that he was careless and negligent with a deadly weapon
-- Posted by Michelle Burnett on Fri, Nov 6, 2009, 8:30 am EST

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Hey John why cant you use your real name when you want to be a pc fighter that is truely a COWARD of a man/girl the way it happened no drugs or drinking involved it could have been any one of them kids driving and I will gladly explain in person to you. They were all kids and its a real bad thing that happened but it is between Thow & the Earls ( Which they have every right )I pray they can all be at peace Joey was a great person and has a nice family to speak for him through his mom . poeple like you that just want to run there suck and keep things going well there is a thing called Karma Mr Without Sin
-- Posted by Billy Garrow on Fri, Nov 6, 2009, 5:42 am EST

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Ritchard's Thow's ACTIONS took a life. And all Rutland County State's Attorney Marc Brierre could come up with was a misdemeanor careless and negligent operation charge. In other states thats what you get for driving over someones lawn and hitting their mail box. This guys gross negligent operation of a motor vehicle killed a kid. PLAIN AND SIMPLE.... and all Brierre could come up with was a misdemeanor, Next time Brierre how about a little more EFFORT. I really thought that this States attorney would have a bigger pair then the last guy. I guess I was wrong. My regards go out to the Earle family and to Jim. Sorry the States attorney couldnt bring better justice to all of you. I am sorry you had to endour this loss and deal with the concenquences. Just thinking that Ritchard Thow will be sharing our roads with us next fall really angers, and dissapoints me.
-- Posted by John Smith on Fri, Nov 6, 2009, 4:01 am EST

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