Court Sentences Fleming to eight days in Amish death

By Janet Morales

Moberly Mirror

Jeffrey D. Fleming, Staunton, Ill., plead guilty to a misdemeanor charge of careless and imprudent driving in the January 12 vehicular death of Eli L. Borntrager, 29, Madison.

Fleming was sentenced to one year suspended execution of sentence, two years court probation and eight days shock jail time, beginning January 24. Fleming was also sentenced to 40 hours community service and must report to the court of any law enforcement contact.

According to the Moberly Police Department probable cause statement, Fleming was southbound on Highway 63 traveling 70 mph when he struck the horse-drawn buggy driven by Borntrager. The statement said there was no evidence to indicate a vision obstruction was present and no skid marks were present to indicate Fleming attempted to avoid colliding with Borntrager’s buggy. Witnesses stated observing the buggy and switching lanes to avoid collision prior to the accident.

The statement said Fleming did not have a criminal history but he did have prior convictions for speeding and had been involved in a prior accident where gross inattention was involved.

Fleming admitted to text messaging while driving on Highway 24 but denied texting while traveling on Highway 63 where the accident took place. Since the accident there has been much discussed regarding the dangers of driving and texting.

But inexact phone records were the primary cause of the charge against Fleming being reduced to a misdemeanor.

“The phone records showed texting occurred around the time of the collision, but since the records were rounded off to the minute, we could not satisfy the court that the texting behavior was close enough to the collision to be a factor in his distracted driving,” said Randolph County Prosecuting Attorney Mike Fusselman.

Fusselman said with the MPD information that indicated Fleming had “four football field length straight ahead unobstructed view of what was readily visible” and his previous legal issues involving cell phone texting, Fusselman felt this indicated criminal negligence and a charge of involuntary manslaughter in the second degree but the court would not bind Fleming over on a felony, resulting in the misdemeanor charge. During the course of the case, a change of judge was requested and Judge Gary Sprick was appointed in September.

While accidents such as this have brought about stricter awareness of the dangers of texting and cell phone use in general, Fusselman emphasizes ALL distractive behavior while driving is risky.

“Folks are going to have to appreciate that grooming in the mirror, texting, reading books or watching TV while operating a motor vehicle at 70 mph is dangerous driving,” said Fusselman. “We are in control of those things that cause a life to be lost.

“I’m not happy with the state of the law or the present interpretation, but that is what I have to deal with.”