To the editor:
I am writing to inform you of a travesty of justice that has taken place in Aroostook County. On Oct. 3, 2014 my father-in-law, Donald “Duke” Martin, of Portage Lake was struck by a motor vehicle while in a crosswalk in the Shop ‘n Save parking lot in Presque Isle. He suffered a severe head injury that day and died a week later in a Bangor hospital.
Duke was 87 years old but very active, being the sole caregiver to his wife, Gloria, also 87. My wife, Rebecca Wright of Ellsworth is Duke and Gloria’s only child.
The individual who struck and killed Duke is a “protected person,” having been relocated to Aroostook County for legal reasons. At the time she struck Duke she was carrying no motor vehicle insurance. Duke was in the very middle of the crosswalk, wearing an orange vest in broad daylight.
One might think that running over a pedestrian in a crosswalk and killing them would result in some serious ramifications for the driver! We are all familiar with the fluorescent yellow signs with the black figure that reminds us that pedestrians always have the right of way. Given statewide and national attention on “distracted driving,” surely this would get swift and immediate attention, we thought! This, after all, seemed to be the epitome of distracted driving and the ultimate reminder of what can happen as a result.
If you’ve ever been to the Shop ‘n Save parking lot in Presque Isle you know that your level of distraction would have to be very high to commit such an offense. Surely, if you did, serious ramifications would ensue, right? That is what we figured — and we were wrong! In this particular case, the district attorney’s office has chosen to charge the protected person with only a misdemeanor traffic offense! Yes, “protected person” indeed!
My wife’s quest for information from the DA office in Aroostook County has been met with great resistance over the last three months. In spite of being assured of how closely the Assistant DA works with victims, Rebecca’s questions were met with a lack of information, misinformation, and a general disregard for returning her calls. It is unfathomable to us to show such a lack of caring to a grieving family member. We also were informed by the DA’s office that cell phone records indicated that the protected person was not actually distracted, only to find out later that the phone records had never even been subpoenaed! This lack of honesty is very unsettling.
Nearly three months have now passed and our family has made many adjustments as a result of this tragedy. Rebecca is requesting a leave of absence from her teaching job to care for her mother who needs 24-hour care. The tragedy itself has left us with many questions and a horrible sense that justice is not being served!
Why such a callous lack of communication from the DA office, and why such minimizing of the offense? Why such a reluctance to focus on the distraction of the driver that is so obvious? Is Duke’s age a factor in the decision by the DA’s office? If he were in his 30s would they react the same way? Is the protected person’s status a factor in the hard to comprehend decision making by the DA’s office? Do the crosswalk laws in the State of Maine mean anything in Presque Isle? Is the DA’s office aware of the national efforts to crack down on distracted driving?
With all these unanswered questions, there are some things we know for certain. We know for certain that Gloria Martin has lost her husband and longtime caregiver. We also know for certain that Rebecca Wright has lost her dad. Finally, we know for certain that many people around Portage Lake and Presque Isle lost a longtime friend when Duke Martin was run over by a careless motorist that day. What, if anything, does a protected person stand to lose?
We are in hopes that by writing this letter some light can be shed on a system that has been unresponsive at a time when it could have been providing help and support and seeking justice. Hopefully, this awareness will help ensure that others do not experience this same lack of communication and poor decision making during their times of crisis.
Michael Wright
Ellsworth
