ROCKLAND, Maine — A 20-year-old Spruce Head man has agreed to a plea deal that could result in his serving nine months in jail for manslaughter in connection with a fatal car crash in 2014.
Samuel Simmons pleaded no contest Friday afternoon in Knox County Unified Court to manslaughter and one count of driving to endanger. The no contest plea results in a conviction, the same as if he had pleaded guilty, but allows him to contest the allegation in a pending civil lawsuit by the family of Alison Low of Warren, who died in the crash.
Justice Daniel Billings accepted the plea and sentencing is expected in January.
Assistant District Attorney Jeffrey Baroody said the agreement reached with Simmons’ attorney, Eric “Rick” Morse, calls for a sentence of 12 years with all but up to nine months suspended. Morse will be able to argue at the sentencing hearing for less time to be served.
Under the deal, Simmons also would serve four years of probation after his release, have his license suspended for two years and be fined $575.
The maximum sentence for manslaughter in Maine is 30 years.
Baroody said if the case had gone to trial, the state would have presented evidence to prove the charges. A witness would have testified that Simmons was driving erratically before the crash.
Simmons was driving north on Route 1 in Warren at 7:30 a.m. March 20, 2014, when his 1997 GMC Sierra pickup truck crossed the centerline near the intersection of Western Road and struck an oncoming 2003 Subaru Forester driven by Low
Low, 38, died at the scene. Her 18-year-old son, Dustin Kimball of Warren, was seriously injured but recovered. Kimball’s girlfriend, Olivia Blachet, was severely injured and spent more than five months at Maine Medical Center in Portland. She has lost the use of her left hand, Baroody said.
Simmons admitted to police that he had smoked marijuana the night before. Tests done on Simmons found traces of marijuana that Baroody said would have resulted from recent use. Amphetamine also was found in Simmons’ system, the prosecutor pointed out.
Earlier this year, Blachet, now 19, received a $5 million judgment in a civil suit against Simmons for negligence. He did not have motor vehicle insurance, however, and it was not made clear how that judgment might be collected.