Wednesday 4 December 2013

Family of man hit by car at City Hall: No justice in plea bargain

Matt Hersl struck by car in front of Baltimore City Hall
 
BALTIMORE —Family members of a man killed by a speeding vehicle in front of Baltimore's City Hall said they're angry now that they've learned prosecutors are pursuing a plea bargain for the driver of the vehicle that killed their loved one.

The family of Matt Hersl said the evidence against that driver, Johnny Johnson, is overwhelming and is a slam dunk for the prosecution.  But after getting a call about a potential plea bargain Monday, they said they fear there will be no justice in the case.
Hersl was walking home from his city job on April 9 when a car that police said was speeding and being followed by officers lost control and hit him, killing him. There were at least a dozen witnesses to the crash, and some of them held the driver captive until police got him into custody.
Authorities charged Johnson in the case, but Hersl's family said he was soon released because authorities needed to investigate further.
"We just want to hear the truth, what happened that day," said Steven Hersl, the victim's brother. 
On Tuesday, the family stood in the same spot where Matt Hersl was killed and told reporters that prosecutors told them they're pursuing a plea bargain against the family's wishes and with no explanation. 
"Taking this plea bargain, which we're really not involved in at all, is just things being swept under the rug. We're not a fan of that at all. We just want our day in court. We feel the case is cut and dry," Steven Hersl said.
Johnson was charged with vehicular manslaughter in the case.  He has a lengthy criminal record that includes arrests for armed robbery, burglary and drug possession. According to police, Johnson had been speeding on Interstate 83 with drugs in his system when a state trooper followed him as he exited into downtown, ran a red light and crashed into a light post and Hersl.
"These repeat criminal offenders keep getting out on plea bargains. It doesn't accomplish anything," said Jane Shott, the victim's sister. 
Family members said they're also upset with dark, Xeroxed accident report photos the prosecution gave them. The family said it requested clear photos, but they said those requests have been ignored.
"Our family believes that a lot of things have been held up and just not brought forth to us, and we're very upset," Steven Hersl said. 
City State's Attorney Gregg Bernstein released a statement Tuesday, saying, "Our duty to the victim's family and to the city is to pursue justice by mounting a thorough investigation and an aggressive prosecution. Justice also requires me to refrain from commenting on pending cases, although I will say that my thoughts are with Mr. Hersl's family. The penalties available for those convicted of vehicular manslaughter are woefully inadequate for individuals who engage in this type of conduct that endangers the lives of innocent citizens, and I understand and appreciate the family's grief and frustration."
A hearing on the case is scheduled for Dec. 12.
Per state law, Johnson could face a maximum of 18 years in prison on the vehicular manslaughter and drug charges he faces.

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