Shank sentenced for crash death
Published 6:07 am Wednesday, August 30, 2006
By By NORMA LERNER / Niles Daily Star
CASSOPOLIS – Two friends who had known each other since pre-school went joy riding in a Corvette before their junior-senior prom at Dowagiac Union High School April 29.
But a high-speed joyride ended in tragedy when the car left the road and hit a tree, killing Hunter Topping, 16, of Dowagiac.
Jeremy Shank, 18, of Dowagiac, broke down Friday morning in Cass County Circuit Court when he said how sorry he was for the accident before receiving 50 hours of community service and three years of probation.
A 90-day jail term will be suspended for one year depending on how he complies with probation.
Several family members and friends on both sides were sobbing during an emotional sentencing hearing before Judge Michael Dodge, who ordered Shank not to drive a motor vehicle for the first year during his probation.
Topping's mother, Michelle Topping, addressed the court and told how the loss of her son was one of the most difficult things for a parent to go through.
She pleaded for this type of tragedy to stop, but also said it "happens every day."
She cried as she told Dodge jail is not what Hunter would want.
"Jeremy has a life," she said. "Jeremy is a good kid. I ask you to be lenient on him."
Prosecutor Victor Fitz noted the accident was a "true tragedy."
"One is dead. One is alive. Hunter is dead because of the act of Jeremy," Fitz said.
Fitz said some jail time would be appropriate. Shank faced two years in prison for negligent homicide.
"There is a message that it was a life and other kids need to be aware of the consequences. There was no malice or intent. Teens must understand vehicles are not toys. It is serious," he said.
Dodge recounted the events that led to Topping's death. David Briegel, a family friend, loaned Shank his 2002 Corvette to take to the prom. Shank took Topping for a ride to go on an errand that day, during which he sped the car to 130 miles per hour, losing control and hitting a tree on Yaw Street.
Topping died in a helicopter on the way to Borgess Medical Center in Kalamazoo.
"For a brief time, you exercised poor judgment," Dodge said to Shank.
"Carelessness results in death. I have seen where a husband killed his wife, brothers killed sisters, a twin brother killed his twin brother," he said.
Dodge emphasized that Shank was an outstanding young man with no criminal record. He added Shank had no history of alcohol or drug use or drag racing.
"It was a careless act. Nothing can rectify the tragedy," he said.
Dodge concluded that he would follow the probation department recommendation for community service, including speaking to high school students around prom time.
Representing Shank was Matthew Vicari, who said Topping's death was devastating to both families and the community.
He said Shank was terribly sorry for what happened and will live with this for the rest of his life.
"If he could change things, he would, but he knows he can't."
Shank will have to pay restitution of $18,393.20. Dodge also imposed $1,440 in probation fees and $570 in court costs.