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Don't allow plea change in fatal crash, prosecutors ask

Prosecutors say William Thornton can't withdraw his no contest plea just because he's unhappy with his 30-year sentence for a fatal crash.

By ABBIE VANSICKLE
Published September 30, 2005

INVERNESS - William Thornton, an 18-year-old Sumter County man recently sentenced to 30 years in prison for a fatal traffic collision, should not be allowed to withdraw his plea of no contest, according to a motion filed by prosecutors.

"The defendant is not entitled to withdraw his plea simply because he is unhappy with the sentence imposed upon him," Assistant State Attorney Richard Buxman wrote.

There's no evidence Thornton was unaware of how much prison time he could get when he entered the no contest plea in August, Buxman wrote. The claims that Thornton may not have understood the consequences because of head injuries caused by the traffic collision are unfounded, he wrote.

The motion is the latest lob in the case, which has caused controversy in the community and legal community. Circuit Judge Ric Howard sentenced Thornton to the maximum punishment Sept. 16. Public Defender Howard "Skip" Babb Jr. was openly critical of the sentence, as was Thornton's attorney, Assistant Public Defender Dale Merrill.

Thornton pleaded no contest to charges of vehicular homicide in connection with the deaths of Sara Jo Williams, 23, and Brandon Mushlit, 25.

Williams and Mushlit were killed Dec. 28, when Thornton pulled out in front of them on State Road 44. Thornton, who did not have a driver's license, entered a no contest plea with no plea agreement, leaving his sentence up to the judge.

Merrill asked the judge to recuse himself from the case. She accused the judge of showing racial bias and prejudice against her client, who is black. Howard, who is white, denied her request.

Merrill had also asked that Thornton be allowed to withdraw his plea of no contest. At the time Thornton entered the plea, he was represented by then-Assistant Public Defender Eric Evilsizer.

In her motion, Merrill said Evilsizer told his client the judge would consider mitigating factors and sentence him according to the recommendations of the Department ofJuvenile Justice and the Department of Corrections.

Evilsizer had previously declined to comment on the case, but he called a reporter Thursday afternoon to talk about the case.

But he said he couldn't go into specifics about the case or address Merrill's allegations. "I am reluctant to make any comment because of attorney-client privilege," he said.

He did want to set the record straight on one thing: He didn't quit the Public Defender's Office because of this case.

Evilsizer, who worked for the Public Defender's Office from November 2003 until August, resigned to go into private practice in the Inverness firm of Militello & Militello. He gave 30 days notice of his resignation on July 19. The Thornton case played no role in his decision, he said.

In his motion, Buxman says that even if Thornton's attorney misled him, it wouldn't be enough to allow the plea to be withdrawn. The judge went over the potential consequences of the plea and told Thornton that he could receive a maximum of 40 years in prison for the crimes.

At that time, Thornton faced additional charges that were later dropped, making the sentence a maximum of 30 years.

"The trial court engaged in a lengthy plea colloquy with the defendant at the time the plea was entered which assured that he understood the situation," Buxman wrote.

"Additionally, even if such a misrepresentation about the sentence he could receive was made, any misconception the defendant had about his potential sentence would have been clarified by the court at the time of the entry of the plea," he wrote.

No hearing has been set for the judge to hear the arguments on the plea issue, Howard's spokeswoman said.

--Abbie VanSickle can be reached at 860-7312 or vansickle@sptimes.com

[Last modified September 30, 2005, 01:35:17]