Published September 21, 2005

NEWPORT — A 15-year-old had a chapter of his life sealed here in District Court Monday.

That’s because for a judge and two grieving families, age and youth matter.

Charles Myer knew he was getting a break as he stood and turned to face the families whose young sons had been killed when speed and immaturity proved too much for the young juvenile from Chevy Chase, Maryland, to handle.

“I’m just sorry for what I did.  The accident was my fault,” he told family and friends of the two boys who died when Mr. Myer drove his sports car into the ledges along Willoughby Lake little more than a year ago.

He told them he had drove too fast and lost control and wished that he could undo what he had done.  And then he sat down and waited.  The case was in the hands of the judge.

Before the bench was a motion that the case be transferred to Family Court, which in Vermont also serves as the juvenile court.  In adult court, where he was arraigned last December on two charges of manslaughter — and where he now stood early Monday morning —there was a deal on the table that appeared to have the support of all the parties, and most importantly, the families.

Philip Leno, 17, of Orleans and Norman Woolard, 16, of Westmore were killed on August 24, 2004, when Mr. Myer’s speeding car collided with ledges near Devil’s Rock on VT 5A in Westmore.  Mr. Myer, who did not have a license at the time, escaped with minor injuries.

Derby attorney Vince Illuzzi, who represents one of the families, said later in an interview that the transfer to juvenile court had the approval of his clients as long as two conditions were met:  That Mr. Myer read a statement in open court accepting responsibility for the accident and; that both the defendant and his mother provide all the details leading up to the crash.

“That was the key,” he said, adding that no good resolution could come out of “a case like this.”

The motion to transfer the case and to treat the defendant as a juvenile rather than an adult was granted by Judge Howard VanBenthuysen.  Judge VanBenthuysen only recently began his term on the Orleans County District Court bench, and was not the presiding judge when Mr. Myer was arraigned.

But before the judge could leave the bench and retire to his chamber to consider the merits of the transfer, it was further understood that the state would amend the charges against Mr. Myer if the case went to juvenile court.

The amendment called for Mr. Myer to be charged with two counts of gross negligent operation with death resulting.  In Family Court, a juvenile’s record is sealed and there is no public disclosure as to how the case is resolved.

Orleans County State’s Attorney Keith Flynn defended the transfer and the amendments by saying in a courtroom interview that his office had reviewed all the alternatives and had held “extensive conversations with the families” before entering into a deal.  The prosecutor also cited the defendant’s age and the circumstances leading up to the accident.

“There was no one thing, but a number of factors,” he said by way of explanation of the state’s position.

For Mr. Myer the transfer has enormous consequences.  Essentially, juvenile court provides a break for kids who make a mistake — no matter how big the mistake is.  There a defendant has a merit hearing before a judge rather than a trial.  And a case is resolved by a disposition rather than a sentence.  The entire process is conducted behind closed doors.

At the defense table Monday Mr. Myer was joined by his mother, Julie Jensen.  The case attracted wide attention as Ms. Jensen is an attorney and a well-known philanthropist who, along with her late husband, founded the Chadsdrew Fund in 1997 that provides technical assistance to a wide range of nonprofit organizations with an emphasis toward helping disadvantaged young people.

Ms. Jensen has a summer home in the county, and a member of the fund sits on the Board of Visitors at Lyndon State College, which fosters and funds leadership training in the community.  Mr. Illuzzi, however, said the family’s wealth and high profile did not give Mr. Myer any advantage in the deal that was ultimately struck between the state and the defense.  He did note, however, that Mr. Myer was well represented with a two-member team that included one of the state’s prominent defense attorneys, Richard Rubin of Barre.

After Judge VanBenthuysen granted the transfer, the court officer cleared the courtroom.  At the request of the defense, the families were allowed to stay for the remainder of the proceedings.