Mosher court date

[steamboat1]

Just hope that if has a jury trial that he has some farmers on it and not all transplanted people from Boston/NY/Ct.

While I'm sure having more farmers on the jury would help Mosher having transplanted flatlanders wouldn't necessarily be that bad. I'm a flatlander (not transplanted to VT.) & after reading about this case I'd vote in Moshers favor.

[SnoBrdr]

Just hope that if has a jury trial that he has some farmers on it and not all transplanted people from Boston/NY/Ct.

While I'm sure having more farmers on the jury would help Mosher having transplanted flatlanders wouldn't necessarily be that bad. I'm a flatlander (not transplanted to VT.) & after reading about this case I'd vote in Moshers favor.

Yes but if a attorney or either side asks during voir dire if they have read about the case, they will probably be excluded.

[Guy in Shorts]

Just hope that if has a jury trial that he has some farmers on it and not all transplanted people from Boston/NY/Ct.

While I'm sure having more farmers on the jury would help Mosher having transplanted flatlanders wouldn't necessarily be that bad. I'm a flatlander (not transplanted to VT.) & after reading about this case I'd vote in Moshers favor.

I would trust transplants like Madhatter, SnoBrdr and I to reach reasonable decision.

[Geoff]

That Mosher is a local hero has no bearing on his guilt or innocence. It may give the judge a reason to go lighter on him if found guilty.

The facts of the case as presented are pretty disturbing:
1. Mosher's animals have escaped many times according to both the police and a neighbor. According to trooper Robert Rider's affidavit, Mosher's animals had been out of their pastures and out on the road at least five times in the weeks before the accident.
2. After being told the bull was at the Val Roc Motel by a truck driver, Mosher said he didn't even look there because he "decided the truck driver was wrong". Instead he looked around his own property, didn't find him, and went back to bed.

Seriously? That story doesn't pass muster. A jury isn't going to buy it either. Keep in mind a grand jury has already heard the evidence and saw fit to bring charges, so the notion that "locals" will think he's innocent is bunk.

The charge, involuntary manslaughter, might be a bit excessive. My guess is that the DA was trying to get a plea bargain on a lesser charge, but failed.

I don't see the difference between hitting a cow and hitting a deer or a moose. If I'm exceeding the control envelope of my headlights and hit a moose or deer, I'm driving too fast. If I manage to kill myself, that's a Darwin Award. Is there negligence here? Yep. Involuntary manslaughter? Not that I see. I think this is a civil suit with the driver partly at fault and Mosher partly at fault. I think he will be acquitted of a manslaughter charge but a civil jury will make a pretty hefty award on the negligence suit if the story in the press turns out to be true that a milk truck driver knocked on his door, told him where the cow was, and he didn't go get it.

http://legislature.vermont.gov/statutes ... /027/01036" onclick="window.open(this.href);return false;

1036. Comparative negligence

Contributory negligence shall not bar recovery in an action by any plaintiff, or his legal representative, to recover damages for negligence resulting in death, personal injury or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants, but the damage shall be diminished by general verdict in proportion to the amount of negligence attributed to the plaintiff. Where recovery is allowed against more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of his causal negligence to the amount of causal negligence attributed to all defendants against whom recovery is allowed.

[madhatter]

That Mosher is a local hero has no bearing on his guilt or innocence. It may give the judge a reason to go lighter on him if found guilty.

The facts of the case as presented are pretty disturbing:
1. Mosher's animals have escaped many times according to both the police and a neighbor. According to trooper Robert Rider's affidavit, Mosher's animals had been out of their pastures and out on the road at least five times in the weeks before the accident.
2. After being told the bull was at the Val Roc Motel by a truck driver, Mosher said he didn't even look there because he "decided the truck driver was wrong". Instead he looked around his own property, didn't find him, and went back to bed.

Seriously? That story doesn't pass muster. A jury isn't going to buy it either. Keep in mind a grand jury has already heard the evidence and saw fit to bring charges, so the notion that "locals" will think he's innocent is bunk.

The charge, involuntary manslaughter, might be a bit excessive. My guess is that the DA was trying to get a plea bargain on a lesser charge, but failed.

I don't see the difference between hitting a cow and hitting a deer or a moose. If I'm exceeding the control envelope of my headlights and hit a moose or deer, I'm driving too fast. If I manage to kill myself, that's a Darwin Award. Is there negligence here? Yep. Involuntary manslaughter? Not that I see. I think this is a civil suit with the driver partly at fault and Mosher partly at fault. I think he will be acquitted of a manslaughter charge but a civil jury will make a pretty hefty award on the negligence suit if the story in the press turns out to be true that a milk truck driver knocked on his door, told him where the cow was, and he didn't go get it.

http://legislature.vermont.gov/statutes ... /027/01036" onclick="window.open(this.href);return false;

1036. Comparative negligence

Contributory negligence shall not bar recovery in an action by any plaintiff, or his legal representative, to recover damages for negligence resulting in death, personal injury or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants, but the damage shall be diminished by general verdict in proportion to the amount of negligence attributed to the plaintiff. Where recovery is allowed against more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of his causal negligence to the amount of causal negligence attributed to all defendants against whom recovery is allowed.

https://www.boston.com/news/local-news/ ... uses-crash" onclick="window.open(this.href);return false;

A civil lawsuit had been settled in the case, but attorney Jerome O’Neill, who represents Bellis’ wife, said he couldn’t discuss details of it.

[biged]

It appears the State of Vermont should change the State Statutes if additional crimes are going to be charged.

Chapter 068 : Construction And Operation Of The Road

Subchapter 004 : Farm Crossings, Cattle Guards, Fences, And Watercourses

§ 3647. Allowing animal to be at large in roadway; damages; penalty

When a horse or other beast is found going at large within the limits of a railroad after the same is opened for use, the person through whose fault or negligence such horse or other beast is so at large shall forfeit not more than $20.00 for every horse or other beast so found going at large, and shall be liable for the damages thereby sustained by any person, such forfeiture and damages to be recovered in an action on this statute.

Title 20 : Internal Security And Public Safety

Chapter 191 : Control Generally

Subchapter 001 : General Provisions

§ 3341. Cattle, horses, sheep, goats, or swine

A person who knowingly permits cattle, horses, sheep, goats, or swine to run at large in a public highway, or yard belonging to a public building, without the consent of the selectboard, shall be fined not more than $10.00 nor less than $3.00. (Amended 1981, No. 114 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 72.)

§ 3346. Bulls

The owner or keeper of a bull may be fined not more than $100.00 if such bull is more than nine months old and found unattended outside the premises owned or occupied by the owner or keeper of such bull and shall be liable to a party damaged by such bull while outside the premises of such owner or keeper. The damages may be recovered in a civil action.

[SnoBrdr]

It appears the State of Vermont should change the State Statutes if additional crimes are going to be charged.

Chapter 068 : Construction And Operation Of The Road

Subchapter 004 : Farm Crossings, Cattle Guards, Fences, And Watercourses

§ 3647. Allowing animal to be at large in roadway; damages; penalty

When a horse or other beast is found going at large within the limits of a railroad after the same is opened for use, the person through whose fault or negligence such horse or other beast is so at large shall forfeit not more than $20.00 for every horse or other beast so found going at large, and shall be liable for the damages thereby sustained by any person, such forfeiture and damages to be recovered in an action on this statute.

Title 20 : Internal Security And Public Safety

Chapter 191 : Control Generally

Subchapter 001 : General Provisions

§ 3341. Cattle, horses, sheep, goats, or swine

A person who knowingly permits cattle, horses, sheep, goats, or swine to run at large in a public highway, or yard belonging to a public building, without the consent of the selectboard, shall be fined not more than $10.00 nor less than $3.00. (Amended 1981, No. 114 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 72.)

§ 3346. Bulls

The owner or keeper of a bull may be fined not more than $100.00 if such bull is more than nine months old and found unattended outside the premises owned or occupied by the owner or keeper of such bull and shall be liable to a party damaged by such bull while outside the premises of such owner or keeper. The damages may be recovered in a civil action.

This unfortunately all goes out the window when someone is killed and the DA feels it was due to the actions or inaction's of another.

[steamboat1]

This unfortunately all goes out the window when someone is killed and the DA feels it was due to the actions or inaction's of another.

MOO!!!

[Big Bob]

Any updates?

[SnoBrdr]

Any updates?

Wasn't it continued till sometime in July ?

[ndscaper]

Rutland Herald
A fatal encounter
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.

[SnoBrdr]

Rutland Herald
A fatal encounter
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.

Nothing like tainting any possible jury pool.

You'd have to think that this was prepared by her attorney but for the life of me I can't figure out why anyone would do this before a trial.

[Bubba]

Rutland Herald
A fatal encounter
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.

Nothing like tainting any possible jury pool.

You'd have to think that this was prepared by her attorney but for the life of me I can't figure out why anyone would do this before a trial.

Actually, I would think it would have been prepared by the States Attorney's office to counter the overwhelming support that Craig has received from the community and organized farmers.

[SnoBrdr]

Rutland Herald
A fatal encounter
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.

Nothing like tainting any possible jury pool.

You'd have to think that this was prepared by her attorney but for the life of me I can't figure out why anyone would do this before a trial.

Actually, I would think it would have been prepared by the States Attorney's office to counter the overwhelming support that Craig has received from the community and organized farmers.

I would think that if your point could be proven that it would warrant a big slap down by the Judiciary in the State of Vermont.

A DA making statements to the press is one thing but using the spouse to try the case in the media (and on who has settled a civil suit) would be a big no no.

[skidogg]

really bubba??