Sunday, February 21, 2010
BY DONNA ROLANDO
Suburban Trends
STAFF WRITER
A 50-year-old township man was sentenced Thursday to alcohol rehab and five-years probation after pleading guilty to third-degree aggravated assault causing the unintentional pellet-gun death of his wife.
His head downcast, Frank McDonald had no words for Judge Marilyn Clark as she got set to hand down the sentence in state Superior Court, Paterson.
His lawyer Richard Baldi told the courtroom, "It's a very, very sad case and I don't know if there's ever a happy ending at the end of the rainbow but if everything that Mr. McDonald is supposed to do, he does, it will be somewhat of a happy ending.
"He has expressed nothing but remorse for what happened," he said, adding, "The only thing one can do in life is make the best of a tragedy and try to move on."
Calling the sentence a "fair resolution," Baldi also pointed out that it is in the best interests of McDonald's 13-year-old son Kevin, who already lost his mother, Cheryl and would be doubly hurt by losing his father to a prison term. Originally McDonald was indicted on a more serious charge of reckless manslaughter, which carried a maximum sentence of 10 years in prison.
"I can tell you he is a good father. He's clearly a hands-on father and he wants to do what is best for this child," Baldi said.
Before handing down the sentence, Judge Clark read letters from 44-year-old Cheryl's family and friends. The sentiment of one close friend was "this is a tragedy on top of tragedy and a meaningless end for a very meaningful life." At least two writers also called for the strictest monitoring of McDonald during probation.
Because treating a fatality as an aggravated assault is a bit "unusual," Judge Clark felt the need to go over the history of how the prosecution and defense attorney Baldi reached the plea agreement that called for no jail time.
At her request, Chief Assistant Prosecutor George Davey Jr. relayed how it was standard practice in the McDonald household on Weedon Drive to use a pellet gun to shoot out the back window and curtail nuisance squirrel activity.
On the morning Cheryl died, Jan. 3, 2009, her husband had "refreshed" a vodka drink from the night before and consumed some, but according to police was not intoxicated, when the gun went off accidentally and penetrated Cheryl's left lung, shredding it.
"Mr. McDonald didn't see his wife and actually made contact with her and the BB did discharge," he said. Then he began CPR even though he wasn't trained in it and called 911 to help his wife. Before Cheryl died, Davey said, she said to their son Kevin that his dad didn't see her and that it was an accident.
Cheryl died a short time later, before she could be airlifted to the hospital for care.
Given the accidental nature of what occurred, the prosecution did not clamor for a prison sentence, but did note the need for rehab if McDonald is going to be a fit guardian for his son, Kevin.
Commenting further on how the plea bargain came about, Baldi said, "This was a situation where many, many hours were spent deciding the matter." Besides discussing the matter with the prosecution, Baldi said he also flew up a gun expert from Ohio who showed that the pellet gun had a defective safety on the trigger and a "sloppy trigger mechanism," which could have contributed to the mishap.
"The State of New Jersey took this case extremely seriously and considered all the facts," he said.
Family members and their concerns were also taken into account in reaching the plea deal.
Also in court on Thursday, Judge Clark considered some past legal issues concerning McDonald, including a temporary restraining order that Cheryl had requested in 2003 and later had dropped. None of the legal issues had resulted in any conviction, it was noted.
Finally, Judge Clark shared her own sentiments, saying: "This is an immensely tragic case. Every indication was it was an accident but the defendant admitted to recklessness. This was very preventable in my opinion."
It was stressed to McDonald that he must complete at least six months at an in-house alcohol rehab program, which he was set to begin Thursday in Jersey City, and that he cannot consume any alcohol or drugs (other than prescriptions) while on probation.
"If he were to consume any alcohol while on probation, it would result in a prison sentence," Davey said.
During his six-month stay at the treatment center, Kevin McDonald will be under the care of his step-brother, Scott, 23, and possibly his grandmother as well.
Further, McDonald, who owns a waste disposal company, agreed to provide reimbursement of $5,000 for his wife's funeral expenses.
E-mail: rolando@northjersey.com
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