Thursday, June 16, 2016

A Fatal Encounter

Rutland Herald
June 15,2016

On July 31, 2015, at 10:10 p.m., an 1,800-pound pet bull was standing in the darkness of the westbound lane of Route 4 in Killington. What was the bull doing there?
According to a recently released State Police report, shortly before 10 p.m. that night, a milk truck driver had to lock up his brakes on Route 4 to avoid hitting this bull. The truck driver, who knew the bull’s owner, turned around, drove to the owner’s house, leaned on his air horn until the owner came to a window and told him about the loose bull in the road. When the owner did not come out, the truck driver drove farther down Route 4 until he had cell service to call the police. The truck driver called the police at 9:58 p.m. The owner of the bull at 10:37 p.m. told police that he looked for the bull on his property, not where the truck driver had told him to go on Route 4. The owner chose to go back to sleep rather than actually look for the bull, find the bull and effectively restrain the bull.
At approximately 10:10 p.m., my husband, Jon Michael Bellis, was killed when our Subaru, traveling at approximately 35-40 mph, crashed into this massive beast as it stood in the middle of our travel lane on Route 4.
Vermont State Police have verified that the bull was loose on or near Route 4 on May 19, June 20, June 23, July 26 and July 30. It was known that the bull liked apples on the other side of Route 4 at the Val Roc Motel. The State Police received a report of the bull in the road twice on the evening of July 31. They were minutes away, but at 10:13 p.m. it was too late. My husband was dead, and I was found sitting in the dark, surrounded by air bags, shattered glass and mangled metal.
My personal tragedy is about an irresponsible pet owner who repeatedly chose to avoid taking the steps needed to prevent his pet bull from being out on Route 4. This was a pet, not a farm animal. This crash and the resulting criminal case have everything to do with reckless conduct and gross negligence. My husband’s death is not related in any way to farming. The owner, who was not a farmer, was reckless and irresponsible in how he chose to allow his pet bull to be loose on Route 4. As a result, my wonderful husband and best friend of 40 years is now dead, and I am very lucky to be alive.
I am grateful to so many professionals who came to my assistance that night, in particular the Killington Rescue team, the State Police, the emergency room staff at Rutland Regional Medical Center and the Church of our Savior. I am also very grateful for the thorough investigation conducted by State Police and the serious diligence of the state’s attorney to protect the public.

Kathryn Barry Bellis is a resident of Woodbridge, Conn., and Killington.

Comment: Ms. Bellis certainly has my sympathy for the loss of her husband. As she stated not only did she lose her husband but also her best friend.
But I question her characterization of Craig Mosher as the some sort of misanthrope who orchestrated this unfortunate tragedy. He is not Satan or Beelzelbub. We have not yet heard his side of the story.   Statements like "My personal tragedy is about an irresponsible pet owner who repeatedly chose to avoid taking the steps needed to prevent his pet bull from being out on Route 4. This was a pet, not a farm animal. This crash and the resulting criminal case have everything to do with reckless conduct and gross negligence. My husband’s death is not related in any way to farming.", show a disconnect between Ms. Bellis' personal need for another pound of Mosher's flesh and the ramifications of this prosecution to livestock and animal owners of any stripe, whether they be farmers or pet owners. The law does not make that distinction when it applies liability to the animal's owner. Ms. Bellis is trying to disclaim this vengeful prosecution as not having anything to do with farmers yet this case will affect all farmers with livestock. It will affect their insurance rates, the cost of fencing, and has already created the fear of prosecution if their animal is involved in some malady as befell the Bellises.
I hesitate to bring up these unanswered as yet questions because I do not want to be seen as trying to blame the victim, but if the Bellis' car was only traveling 35-40 mph on a major highway posted at 50 mph, why is it they couldn't avoid an apparently stationary ("bull was standing") object in the road? The road is plenty wide and while the bull was big, its not big enough to block half the road never mind the whole road. Is it because the driver was distracted, tired at the end of a 3 hour drive, or because of his age, 62, somewhat night blind?
 "An American Medical Association (AMA) statement notes that the large number of senior drivers is a public health issue, because of age-related declines in vision, cognition and motor function.
According to the AMA, these factors make older drivers "vulnerable to crashes in complex situations that require good visual perception, attention and rapid response.""
I think Ms. Bellis should take a long and deep contemplation  on the realities of the situation. While she may find vengeance in the law, because of our justice system, i.e. precedents and case law, millions of people will be affected. And, maybe, just maybe, there are some personal accountability issues that should be reflected upon as well.

Vito

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