Monday, March 10, 2014
By Craig Crosby
AUGUSTA — A Windsor man who two years ago was high on pills and marijuana when the Jeep he was driving struck and killed a city woman as she walked on a sidewalk along North Belfast Avenue is headed to prison.
Sentenced to prison: Attorney Pam Ames, right, stands beside Joshua A. Erskine, 25, as he apologizes to the family of 81-year-old Ruth Epperson during sentencing on Friday in Kennebec County Superior Court in Augusta.
Joe Phelan/Kennebec Journal
Joshua A. Erskine, 26, was sentenced Friday in Kennebec County Superior Court to 12 years in prison with all but six years suspended for killing 81-year-old Ruth Epperson during a crash on March 30, 2012. Erskine, whose driver’s license will be suspended for at least 10 years, also was sentenced to four years probation during which he will be prohibited from consuming drugs or alcohol and will be subject to random search and testing.
Justice Michaela Murphy said the sentence was an attempt to balance Erskine’s remorse and unblemished criminal record against the reckless and criminal conduct that killed a woman who, by all accounts, lived an exemplary life.
“This process is highly imperfect, particularly in cases like this,” Murphy said.
Before he was sentenced Erskine, who in January pleaded guilty to manslaughter and aggravated criminal operating under the influence, apologized to family gathered in the courtroom, which included Epperson’s sister, children and a granddaughter. Erskine’s family, too, was in the courtroom.
Members of both families wept quietly throughout the proceedings.
“I didn’t want this to happen,” he said. “I hope whatever happens will bring them peace and hopefully a little bit of justice.”
Erskine’s 1999 Jeep Cherokee was traveling east on North Belfast Avenue around 3:30 p.m. the day of the crash. Erskine, who was driving about 17 mph over the posted 30mph speed limit , lost control of the Jeep, which crossed over the westbound lane, went onto the sidewalk and struck another vehicle that was parked in a driveway.
Erskine’s Jeep then careened into Epperson, who was out for a walk she took nearly every day. Epperson never regained consciousness and died at Maine Medical Center in Portland on April 5, 2012, five days after the crash.
Erskine, who repeatedly nodded off when examined by a drug recognition expert from the Maine State Police, admitted to downing two 30 mg pills of the opioid prescription drug Percocet around noon and smoking two bowls of marijuana about an hour before the crash.
Assistant District Attorney Joelle Pratt, who argued for the six year prison sentence followed by four years probation ultimately imposed by Murphy, said Erskine knowingly ingested drugs that caused him to leave the road, hit a parked car, and hit and ultimately kill Epperson. Pratt, who listed off a litany of serous injuries Epperson suffered, said the woman over the last six days of her life repeatedly exhibited agonal breathing, which is characterized by gasping and moans. Pratt said the breathing was a sign of the suffering Epperson continued to endure despite being treated with cocktail of the most potent pain medication available.
But Erskine’s attorney, Pamela Ames, who argued for a nine-month sentence followed by four years probation, said agonal breathing does not necessarily indicate the patient is suffering.
“We don’t know,” Ames said. “The assumption is she did.”
Ames said Erskine was self medicating for a wrestling injury suffered in high school that was exacerbated by a job that required heavy lifting. While the dangers of driving under the influence of alcohol have been widely publicized, the public is less aware of the dangers of driving under the influence of drugs, Ames argued. She said Erskine, who had driven under the influence of drugs before without a problem, believed he was able to drive safely. In arguing for the nine month sentence Ames urged Murphy to impose community service that would require Erskine to share his story with students.
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