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SANFORD — A 26-year-old Sanford man was led away in handcuffs to begin serving the next two years in prison, following his sentencing Thursday in connection with a deadly crash that killed his friend and injured several others during a summertime drive two years ago.

Zachary Bubar was the driver of the car; his friend and passenger, Shawn Beaulieu, died in the hospital the following day. Convicted of manslaughter and multiple aggravated assault and driving to endanger charges during a two-day bench trial in November, Bubar wept Thursday as he expressed his sorrow to Beaulieu’s family during sentencing at York County Superior Court.

“I’m very sorry ”¦ I don’t sleep at night because I see his face,” said Bubar to the Beaulieu family. “I’m very sorry.”

Superior Court Justice Paul Fritzsche sentenced Bubar to nine years in prison with all but two years suspended, plus four years of probation, on the manslaughter charge, and two lesser, concurrent sentences on the other charges. His driver’s license was suspended for four years, and he was ordered to pay a $2,200 fine.

On July 15, 2010, Bubar, Beaulieu and their friends planned a drive to Old Orchard Beach to see fireworks. But Bubar was speeding that night on the New Dam Road, driving too fast to stop when he came up behind a car signaling to make a right-hand turn. And so he swerved around the turning vehicle and crashed into a van headed north. There was no sign that Bubar had been drinking or taking illegal drugs.

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Beaulieu died the next day in hospital. Other passengers in Bubar’s car and the occupants of the van sustained significant injuries.

Clayton Beaulieu, Shawn’s father, spoke to the court about his son.

“I watched my son die. There was blood coming out of his eyes and ears ”¦ I have a lot of angry words inside me,” said Beaulieu. “I pray he takes the time you’re giving him to straighten his life out.”

Then, Beaulieu looked at Bubar and asked just one question: “What were you thinking?”

Under Maine law, prosecutors and defense counsel perform an analysis before recommending to a judge what they believe is a proper sentence, placing the crime under scrutiny on a scale between a most heinous crime and least so, and then weighing the aggravating and mitigating factors.

As the hearing unfolded, Assistant District Attorney Thad West said he’d struggled with what would be an appropriate sentence from the beginning.

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“And it’s more complicated with manslaughter when there’s no intent to kill,” Fritzsche pointed out.

Taking into consideration the death and serious injury to others, West told the judge he’d made a pre-trial offer to the defense of a 12-year sentence, with all but five years suspended, and said he’d expected it would be rejected ”“ as it was.

“There was a series of conscious decisions made that led to the death of one human being and serious injuries to others,” West said. “They’re lucky to be alive. Mr. Bubar did them no favors.”

Defense counsel Amanda Doherty pointed out that Bubar was neither drinking alcohol nor under the influence of illegal drugs when the crash took place. She pointed out that Bubar had no criminal record, and that until the crash, his driving record showed only a seatbelt violation. She said he had worked for five years at the same company until the crash.

“It was not a malicious act, it was a bad decision that had tragic results,” she said.

West pointed out that other passengers in the car were telling Bubar to slow down.

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“It took him two and a half years and a guilty verdict to speak to the (Beaulieu) family,” following the crash,    West said.

Fritzsche laid out what had transpired that summer night and took note that Bubar wasn’t consciously in a hurry, as there was plenty of time to get to the fireworks show; that he was a young man driving too fast and didn’t intend any harm.

“He can’t stop when he comes up behind the car and so goes around ”¦ and we have this awful, awful result,” said Fritzsche.

As he imposed the sentence, Fritzsche spoke of Bubar’s apology.

“When he said he was sorry, however belated it was, I think it was genuine,” Fritzsche said.

A request from the defense counsel that the sentence be stayed until Dec. 26 was denied.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, Ext. 327 or twells@journaltribune.com.



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