Two dead; five years in prison for horsing around

BY ANDREW WELLNER
Frontiersman
Published on Sunday, October 25, 2009 1:25 PM AKDT

PALMER — A 21-year-old Wasilla man will serve five years in prison for causing a car wreck that killed a teenager and an unborn baby girl.

Kyle Bissonette had to take a moment to collect himself before he told the accident victims how he felt.

“All I can do is pray that someday you will forgive me for this terrible accident that never should have happened,” he said.

JEREMIAH BARTZ/Frontiersman file photo A Wasilla man has been sentenced to five years in prison for causing a fatal accident last year.

At the time of the wreck he was making bad choices and heading down the wrong path, Bissonette said. Now he’s committed to turning his life around.

Bissonette was one of five people inside the Chevrolet Trailblazer that night last fall. He wasn’t driving. He wasn’t sober enough. His attorney said at Friday’s sentencing hearing that Bissonette was horsing around in the car and jerked the wheel to the right as a 15-year-old drove the vehicle down the Parks Highway. The girl overcorrected, and that’s when the Trailblazer collided head-on with a Plymouth Horizon.

No one escaped the wreck unhurt.

Bissonette was hospitalized, as was the driver and three passengers. One of them, Chelsea Johnston, 16, later succumbed to her injuries. In the other car, Tim Abell and his daughter, Donna Gallant, were also sent to the hospital. Gallant was pregnant and very close to her due date. She lost the baby.

At Friday’s sentencing hearing, Abell stepped up to testify, carrying a cream-colored box he gently placed on the lectern.

“This is my granddaughter. She should be somewhere else besides in this box,” he said. “She should be a year old, bouncing on my knee.”

Abell said that he felt Bissonette should serve as much time as possible. If the Trailblazer had suffered some mechanical failure or hit a patch of ice that would be one thing, he said. But that’s not what happened. This wreck was avoidable.

He said, in his mind, three people died as a result of the wreck, not two.

“Thank God for modern medicine because my daughter would be dead,” he said. “She died twice in the (operating room) getting patched up from this.”

Gallant’s mother, Diane Abell, read a statement from her daughter who, she said, was physically unable to stand at the lectern and testify.

“I didn’t know for three days after the accident that my daughter was gone,” it read, in part. “I can’t stand for long periods of time without my hip or my ankle hurting.”

Gallant’s statement asked for the maximum sentence for Bissonette.

Bissonette’s attorney, Paul Stockler, said his client and his friends had tried to make the right decision before the accident — choosing the soberest among their group to drive. He said right before he left to come to Palmer, he’d thought about how so many kids horse around in cars when they’re young.

“The interesting thing about Mr. Bissonette is that he’s taken he blame for this. He hasn’t tried to blame anyone else,” Stockler said.

Recently, he said, an insurance adjuster came to interview his client. The case, he said, has spawned a pretty serious lawsuit. The adjuster asked questions that seemed to be baiting Bissonette into saying the driver was at fault, that he’d grabbed the wheel to pull her back into her lane. But he didn’t bite.

“She overcorrected after I startled her, but she wasn’t driving in the wrong lane,” he recalled was his client’s version of events.

Assistant District Attorney Rick Allen said the main goal in sentencing Bissonette should be condemning his actions. Bissonette, he said, is by no means a lost cause. He isn’t the type of defendant who needs to be rehabilitated or isolated. But the court did need to send a message.

“We’ve got some conduct that was extremely reckless, extremely inappropriate,” Allen said. “There are consequences for that and they’re serious.”

Allen asked that Bissonette be sentenced to five years in prison. Stockler asked for three. In the end, Smith sided with Allen. He said he’d looked at other cases he’d handled that were similar.

“I hate to say it, but many years ago I had an almost identical case,” Smith said.

A drunk man playfully grabbed the wheel of a van someone else was driving. The van rolled, paralyzing the drunk’s 4-year-old daughter.

“Automobiles are horribly dangerous instruments,” Smith said.

Bissonette wasn’t getting off easy to be sentenced to five years at such a young age and then have three felonies on his record when he gets out.

“It’s horrible that he had to take this lesson. And the victims certainly didn’t deserve having to teach this lesson,” the judge said.

Contact Andrew Wellner at andrew.wellner@frontiersman.com or 352-2270.

Comments

10 comment(s)

    the biker wrote on Oct 30, 2009 6:16 PM:

    " that was a pretty stupid thing to do never the less never had the intention of killing think about it 5 years and id almost think having to live with the thought that you killed a friend and an unborn would be enough to deal with. 5 years of this young mans life is put to waste over exactly what it was said to be an accident there are other ways of teaching a lesson then locking someone up for FIVE years. he should be punished yes locked up for 5 years no "

    Resident wrote on Oct 27, 2009 6:29 PM:

    " I believe, it would have been the troopers who he would have had to lie too or try to fool although I think that they are trained enough to figure things out. The insurance companies only deal with the civil (money) side of things. HE could have told them a completely different story but the outcome forhim would have been the same "

    I believe wrote on Oct 26, 2009 11:19 PM:

    " yes, this is an extremely sad story. You must give bissonete credit for being honest and owning up to what he did. All he had to do was lie to the insurance company and he could have been off the hook. Yes, what he did was stupid. Can you honestly say you have never done a stupid thing in your life? yee without sin throw the first stone. Yes, think about it. May God truly bless all involved. Especially the mother and grand parents of the unborn child. "

    Surprised wrote on Oct 26, 2009 7:53 PM:

    " I agree with Sendens, it's very heartening to see that Mr. Bissonette has taken responsibility for his actions. This is a very sad story, my heart goes out to all involved.

    1 mistake, 4 lives. "

    Accident is... wrote on Oct 26, 2009 6:34 PM:

    " To Mandatory: Look at the definition of "accident"... What he did was on purpose: drinking; grabbing the wheel and pullied.

    The result could be seen and expected, of the "soberest" 15 year old driver and on coming traffic.

    Who is served by removing him from the gene-pool is the rest of the community, the out children. "

    Typical wrote on Oct 26, 2009 6:28 PM:

    " Not one, but two died in the accident. So that is 30 months per life... I guess life has less value than I was taught.

    And the lawyer, "tried to make the right decision before the accident — choosing the soberest among their group to drive"?!?! That's like saying I only beat her up a little bit. Funny how it's OK if someone takes "responsiblity" after the fact, once their caught "red handed"! "

    Mandatory sentencing wrote on Oct 26, 2009 6:11 PM:

    " How exactly would mandatory sentencing work in this case? I suppose you'd like to see this guy get a mimum of say, 50 years in prison. So we'd have to put every person convicted of negligent homicide 50 years, no matter the circumstances. Five years is a long time for something that was, unfortunately, an accident. Who is served by locking this guy up and throwing away the key? Lots of people were involved in this situation, and there's plenty of blame to go around. But mandatory sentences would not have prevented this, nor would they prevent similar tragedies. "

    The joke is on us wrote on Oct 26, 2009 10:30 AM:

    " WOW....5 years. You kill someone and you get 5 years. That's it???? What a joke!

    WE NEED MANDATORY SENTENCING LAWS NOW...THAT WILL SEND A MESSAGE! "

    Emma wrote on Oct 26, 2009 10:08 AM:

    " This is one of the saddest stories I have ever read. I wish he would have gotten more time but I supoose some time is better then none. I hope the family is doing better it was an unfortunant and horibally teriffying thing they must have had to have gone through. I just hope that people learn something from this and dont just look at it as just another crash but instead a lesson that vehicals arent a joke, they can easily kill someone if not driven carefully, and corectly "

    Sedens wrote on Oct 26, 2009 8:57 AM:

    " When I clicked on the story I thought it was going to be about another kid that would not take responsibility. I'm very happy to see that Mr. Bissonette has taken responsiblity and also appears to be remorseful of his actions. Not very many 'kids' in this society would. God bless the victims of the crash, all of them. "

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