NEWS

Hinesburg boater sentenced for hitting swimmer

Mike Donoghue
Free Press Staff Writer

A Hinesburg man, whose motorboat ran over a swimmer on Lake Iroquois last summer, will be able to avoid having a permanent criminal record in the case.

Christopher Thompson, 47, pleaded no contest in Vermont Superior Court Thursday to charges of reckless operation of a motorboat and simple assault with a weapon.

Jane Marinsky, 62, of Buffalo, N.Y., was seriously injured when struck while swimming between 75 and 100 feet from shore about 2 p.m. June 28, Hinesburg Community Police said. St. Michael's College Rescue rushed her to the hospital, where she was admitted with 13 fractures on six ribs and other injuries.

Under the plea agreement, the two convictions will be wiped off Thompson's record if he stays out of trouble until Oct. 1. He must abide by the regular terms of state probation during that time, Judge Michael Kupersmith said.

Three special conditions of probation were added that are designed for safety reasons. Thompson agreed to complete the online boater safety course offered by the U.S. Coast Guard.

Thompson also agreed to pay $750 to Marinsky for the sole purpose of buying buoys and anchoring devices for any property owners along Lake Iroquois for the 2015 summer season. Marinsky is expected to maintain records and any unspent money will be returned to Burlington lawyer Norm Blais, who represents Thompson.

Finally, Thompson agreed to a special provision that requires him to arrange for the printing and distribution of 500 pamphlets or brochures designed to address the issue of safe recreational use of water. They will be distributed to land owners along the lake, which is in Hinesburg and Williston. They will also be available to boaters.

Thompson had been towing two people from the back of his Four Winns motorboat during a birthday party he was hosting at his Pine Shore Road home, Major A. Dennis Reinhardt wrote.

Marinsky was a daily swimmer at the lake. She wore a white cap and towed a small inflatable doughnut-shaped float.

Kupersmith questioned whether a deferred sentence, which allows for the convictions to be erased from his record, was a proper option.

Chief Deputy State's Attorney Mary Morrissey said she considered the age of the defendant and no prior record. There also was no evidence of alcohol.

Morrissey said the family was not in full agreement with the resolution and was unhappy with reenactments of the accident that the defense did on the lake. The family also was disappointed that Thompson never apologized.

Blais said he told Thompson not to speak to anybody about the case while it was pending. Thompson also was ordered at his arraignment to have no contact with the victim.

"It's the nature of litigation," Kupersmith said about the lack of an apology while a case is pending.

Blais said if the case had gone forward there would be a legal issue over comparable or contributory negligence.

The state was willing to postpone the sentencing until the victim could attend, but the family opted not to participate, Morrissey told the court.

After court, Dan Sharp, the victim's husband, reached by phone, said it wasn't the resolution they were hoping for, but the biggest concern is getting his wife back to full health.

"Jane is still trying to recover," Sharp said.

"We are agreeable to the conclusion of that somewhat reluctantly," he said.

Contact Mike Donoghue at 660-1845 or mdonoghue@freepressmedia.com. Follow Mike on Twitter at www.twitter.com/FreepsMikeD.