Rutland Herald
By Kathleen Phalen Tomaselli
STAFF WRITER | April 05,2016
STAFF WRITER | April 05,2016
Following a grand jury investigation, Craig
Mosher, owner of Mosher Excavation, was charged in Rutland criminal
court on Monday with involuntary manslaughter related to a fatal crash
last summer.
Mosher, 61, and his attorney, Matthew G. Hart, were in court prior to his arraignment but did not know his charge, Hart said.
When Judge Thomas A. Zonay asked Hart if they had seen the indictment, Hart said no.
Rutland County State’s Attorney Rose Kennedy handed Mosher and Hart the charge at the 1:45 p.m. arraignment.
After reading the charge, Mosher pleaded innocent.
If convicted, Mosher could serve from one to 15 years in jail.
The charge stems from the July 31, 2015, fatal car crash of a Woodbridge, Conn., man who was driving at night on Route 4 and crashed into a tree after hitting one of Mosher’s escaped farm animals.
“They are saying he (Mosher) should have known the bull got out,” Hart said in an interview. “It comes as a complete shock to Mr. Mosher. It was a horrible accident, but that’s exactly what it was, an accident ... I can’t recall when a grand jury was convened in the state or at least in Rutland County.”
At the time of the July crash, Vermont State Police reported, at 10:22 p.m., Jon M. Bellis, 64, and his wife were traveling west when the vehicle Bellis was driving struck a large Scottish Highlander bull that had escaped from its pasture at Mosher’s Excavation.
Bellis died at the scene as a result of the crash, according to police.
Kathryn Barry, 60, Bellis’ wife, also of Woodbridge, was transported to Rutland Regional Medical Center with a wrist injury. She was treated and released.
The bull was killed in the crash, police said.
The Connecticut couple also owns a condominium at Pinnacle Condominium Association in Killington.
Mosher expressed his sadness about what happened in an August interview. “The whole thing breaks my heart,” he said.
In court Monday, Zonay said: “We are here on an indictment before ruling on probable cause. The state’s attorney is withdrawing the indictment.”
But Kennedy informed the court she was not.
The court proceeded to Mosher’s arraignment from the indictment filed in March, with actual charges presented on Monday.
According to Hart, the indictment could have been dismissed by the state’s attorney with the charge then coming from the police information affidavit after the judge found probable cause.
But Kennedy said the charge would come from the indictment.
Signed by the grand jury foreperson, whose name was redacted from the public document, and Judge Mary Miles Teachout, the grand jury charged:
“That on July 31, 2015, Craig Mosher, of Killington ... was a person who acted with criminal negligence by having notice that his Scottish Highlander bull was loose and failed to contain his bull or alert others to this danger and, that his failure to take action caused the death of John Bellis.”
Kennedy said Monday that the law prohibits her from talking about the indictment or why it went to the grand jury.
Hart said the case would proceed like any other felony case.
“We intend to hire an accident reconstructionist,” he said. “The area of the accident is very well lit and even if the bull was in the road, he should have seen the bull.”
Mosher was released on conditions, including that he not have contact with Bellis’ wife and that he must contain all animals on his property.
kathleen.phalentomaselli
@rutlandherald.com
Mosher, 61, and his attorney, Matthew G. Hart, were in court prior to his arraignment but did not know his charge, Hart said.
When Judge Thomas A. Zonay asked Hart if they had seen the indictment, Hart said no.
Rutland County State’s Attorney Rose Kennedy handed Mosher and Hart the charge at the 1:45 p.m. arraignment.
After reading the charge, Mosher pleaded innocent.
If convicted, Mosher could serve from one to 15 years in jail.
The charge stems from the July 31, 2015, fatal car crash of a Woodbridge, Conn., man who was driving at night on Route 4 and crashed into a tree after hitting one of Mosher’s escaped farm animals.
“They are saying he (Mosher) should have known the bull got out,” Hart said in an interview. “It comes as a complete shock to Mr. Mosher. It was a horrible accident, but that’s exactly what it was, an accident ... I can’t recall when a grand jury was convened in the state or at least in Rutland County.”
At the time of the July crash, Vermont State Police reported, at 10:22 p.m., Jon M. Bellis, 64, and his wife were traveling west when the vehicle Bellis was driving struck a large Scottish Highlander bull that had escaped from its pasture at Mosher’s Excavation.
Bellis died at the scene as a result of the crash, according to police.
Kathryn Barry, 60, Bellis’ wife, also of Woodbridge, was transported to Rutland Regional Medical Center with a wrist injury. She was treated and released.
The bull was killed in the crash, police said.
The Connecticut couple also owns a condominium at Pinnacle Condominium Association in Killington.
Mosher expressed his sadness about what happened in an August interview. “The whole thing breaks my heart,” he said.
In court Monday, Zonay said: “We are here on an indictment before ruling on probable cause. The state’s attorney is withdrawing the indictment.”
But Kennedy informed the court she was not.
The court proceeded to Mosher’s arraignment from the indictment filed in March, with actual charges presented on Monday.
According to Hart, the indictment could have been dismissed by the state’s attorney with the charge then coming from the police information affidavit after the judge found probable cause.
But Kennedy said the charge would come from the indictment.
Signed by the grand jury foreperson, whose name was redacted from the public document, and Judge Mary Miles Teachout, the grand jury charged:
“That on July 31, 2015, Craig Mosher, of Killington ... was a person who acted with criminal negligence by having notice that his Scottish Highlander bull was loose and failed to contain his bull or alert others to this danger and, that his failure to take action caused the death of John Bellis.”
Kennedy said Monday that the law prohibits her from talking about the indictment or why it went to the grand jury.
Hart said the case would proceed like any other felony case.
“We intend to hire an accident reconstructionist,” he said. “The area of the accident is very well lit and even if the bull was in the road, he should have seen the bull.”
Mosher was released on conditions, including that he not have contact with Bellis’ wife and that he must contain all animals on his property.
kathleen.phalentomaselli
@rutlandherald.com
Comment: Craig Mosher is an outstanding individual whose tireless and
timely response to open up Rte 4 and rebuild the town in the wake of Irene is
legend. To quote from a Bloomberg report
at the time, “Craig is definitely a local hero,” said Roger Rivera, 33, an
emergency worker with the state.
Craig Mosher is not irresponsible and certainly not a
criminal. He is an upstanding pillar of the community and should not be treated
with such impunity as to level felony criminal charges against him.
This incident was simply an accident and nothing more. Even
the charge of “involuntary manslaughter” seems a reach. While there may be some liability
issues those should be handled in civil
proceeding not a criminal one.
It seems to me that the state is wasting taxpayer money and
the court’s time in bringing this indictment. Craig Mosher is no more a
criminal than was Mother Teresa. To put
him through the wringer like this is just plain wrong. Maybe someone should
look closer at what motivated this prosecutor.
If this proceeds and Mosher is sent to jail it will destroy his business and harm the local economy in the face of desperate efforts by the town and state to increase economic activity. Has anybody weighed the consequences of this prosecution?
Vito
7 comments:
This is just wrong. I know Craig Mosher personally and if he knew that the bull was out he WOULD have done anything in his power to make sure that know one would hit it. How in the world is he supposed to know if an animal got out at 10:30 pm? Was he supposed to sleep with the bull? This man is no criminal and it sickens me that he is being called one. Let's put a hard working, good man behind bars but let drug dealers and child molesters go free. Way to go State of Vermont! Another good person's life could be ruined at the hands of this state's backward judicial system.
I suggest that the locals, who think highly of Mr. Mosher, please call or email senators from Rutland Vermont, Peg Flory, Kevin Mullin, and Brian Callamore, and Representatives Butch Shaw and Job Tate asking them simply to try to get all charges dropped against Craig Mosher of Killington, VT.
I am just curious about this Jon Bellis,sorry to his family for their loss but,what about this man Craig Mosher? What was Bellis driving for a car? What kind of condition was it in? How were the brakes,the lights? How fast was he going? What was the weather like? Was this guy eating something,talking with his wife,texting or talking on the phone? Was he paying attention, doing his part in the safety of others and wild life? What would of happened if he had been killed by hitting a moose, bear, or a deer? Would the city,state of Vermont gone after the game wardens and their bosses? What if Jon Bellis had swerved to miss a raccoon, a muffler,or some other debris in the road? Who's fault would that have been? Why do you have to blame this good Vermont hard working man,Craig Mosher for an accident that he could not of prevented? Do you know the definition of accident, look it up Vermont! 1.an unexpected,undesirable event,(a car accident) 2.something occurring unexpectedly or unintentionally. 3. a nonessential circumstance or attribute. It is past time for Vermont and it's government to start taken care of "OUR PEOPLE". Protect and serve, want to do something? Lets get control of the drug problem, lets help get the people off the streets, the homeless by no choice. The veterans, do you know how many veterans are on the streets, homeless? Dear God Vermont, why are you so angry? Destroy a good man and his family"s lives for "an unexpected, undesirable, unintentional accident!!!! Time for the so called officials in this state to open your eyes and get off your asses. This is a disgrace to the people who have elected you to "Protect and Serve" "Justice" HA. Please let me know how I can assist this good man and his family! Even though I do not know you personally Craig Mosher, I know you and believe me I know you well. You have my support,100% Brian Coyle, a native Vermonter and American! Rutland Vermont.
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