Update - EMT charged in defibrillator death sentenced to year in jail

From the Kingsport [TN] Times-News--

EMT charged in defibrillator death sentenced to year in jail
Wednesday, March 15, 2006

By KEVIN CASTLE
Times-News

LEBANON - An emergency medical technician who pleaded guilty to
killing a co-worker with a defibrillator paddle will be released from
jail in early 2007 following a judge's decision Tuesday evening.

Russell County Circuit Judge Mike Moore called the June 1, 2005, death
of 23-year-old Courtney Leighann Hilton "a senseless, foolish act"
before handing down a 12-month jail sentence to Joshua Phillip Martin,
25, who entered an Alford plea in January to one count of involuntary
manslaughter.

In an Alford plea, a defendant maintains his innocence while
acknowledging that the evidence is strong enough that a judge or jury
probably would convict.

State guidelines could have had Martin saddled with a 10-year maximum
prison sentence, which Moore alluded to, but he chose to lessen the
punishment and give Martin credit for time already served.

"This is a difficult case for the court. It is hard to understand how
something like this could happen ... a defibrillator used to take
someone's life. ... I've thought about my own kids when I think about
this case," the judge said.

Hilton, who was originally from Scott County, was a single mother
working her way through various classes and holding down a job as an
EMT to help support her two children.

She was riding in the passenger's seat of an emergency vehicle owned
by Highlands Ambulance Service when Martin, who had not even completed
his first week of employment with the company, took a charged
defibrillator paddle and stuck it to Hilton's back. Hilton lapsed into
cardiac arrest and later suffered multi-system organ failure,
according to the Virginia Medical Examiner's Office in Roanoke.

"This was an untimely killing because of a reckless act," said Moore,
who suspended Martin's initial five-year prison sentence, ordered him
to take part in the state's Adopt-A-Highway trash pickup program, and
give a sample to the state's DNA bank.

"I hope that you can get on with your life. People have testified that
you want to help people. I hope that you will be able to do that once
you complete your sentence. I believe Courtney deserves that," he
added.

Clad in his orange-and-white striped jail jumpsuit, Martin, of Clarks
Street, Bristol, openly wept as members of Hilton's family took the
stand to describe their daughter and sister.

"He needs to get a life sentence. That's what Courtney got," said half
sister Chanda Lawson. "He knew that (the defibrillator) was not a toy.
But he made the decision to use it like one."

Courtney's mother, Sandra Davenport, described her daughter as a
caring mother. The last full weekend they spent together included
Mother's Day, she testified.

Just days later, Davenport was left to watch her daughter die, leaving
behind a boy and a girl ages 6 and 4 respectively, after making the
decision to have her life support machine turned off.

"(Martin) can start his life over when he walks out of jail, and that
just doesn't seem right," said Davenport.

Seven character witness took the stand to testify on behalf of Martin,
including his former pastor, Darrell Harmon, who baptized Martin as a
child and has tried to counsel him in jail.

"He began to read his Bible more and began to pray more. I thought he
was making some progress, but (as the trial drew closer), I could
sense that he was broken, depressed and even suicidal. He never
mentioned doing that, but I thought that," the pastor said.

Other witnesses, including some of Martin's childhood friends,
testified that the emotional damage done to him could be irreversible.

"He says that when he goes to bed at night, he relives the whole thing
over and over. He can see her, and he lives with her death every day,
and probably will for the rest of his life," said one witness.

Russell County Commonwealth's Attorney Mike Bush said Tuesday that
Martin's crime was the result of a foolish mistake using an instrument
that is used to help bring back life but instead was used in a moment
of horseplay to end a life.

"This was done as an act where (Martin) knew what could have been done
and should have been done. From what we understand, he had tried to
(jab another co-worker with a defibrillator paddle) prior to this,"
said Bush. "This was a painful mistake."

Martin's attorney, Joshua Sutherland, said his client has been
ridiculed on every EMT-related Internet site and chat room available,
and along with the attention the accident has received on a national
basis, the strain has become almost unbearable for him.

"So many factors aligned at the same time causing this tragedy to
happen," said Sutherland. "He has to relive that day for the rest of
his life. I know that whatever decision the court makes today is not
going to bring Courtney's family the satisfaction they are looking
for. ... If any case deserved mercy, this one does."

Before Moore gave his ruling, Martin was remorseful as he apologized
to Hilton's family as he stood before the court.

"I never meant to do it," said Martin as he sobbed loudly.

Martin will remain jailed at the Southwest Virginia Regional Jail
complex in Abingdon until his scheduled release in January 2007 if he
receives a report of good behavior from jail officials.

Following that, he will have to undergo court-ordered counseling and
will be on supervised probation for the next five years, which Moore
said he would revoke if Martin was charged with a crime during that
period.

"I hope that during that time you can find some forgiveness for
yourself," said Moore.

http://www.timesnews.net/article.dna?_StoryID=3611645

--
Anne
indigoace at goodsol period com
http://www.goodsol.com/cats/
.

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