ALFRED — Mark Stuart and the company Stuart, Torno and Stuart, Inc. of Lebanon were acquitted of manslaughter in connection with the death of 15-year-old Corey Cabana on a Sanford street two years ago. Stuart, 53, was the driver of the truck that struck the boy, who was skateboarding across the street on July 13, 2012. He later died in the hospital.

Both Stuart, who is the president of the company, and the company itself, were charged.

Justice John O’Neil issued the not guilty verdict Monday at York County Superior Court after a four-day trial last week.

He prefaced his verdict by addressing Patricia Cabana, the boy’s mother. O’Neil said the family suffered a tragic and unimaginable loss.

“Every time I look at you, my heart breaks,” the justice said. But he went on to explain that it is the responsibility of the court to evaluate the evidence without sympathy or emotion for either party, and then made the pronouncement: “Not guilty.”

Prior to announcing the verdict, the justice noted that to prove manslaughter, the state most prove, beyond a reasonable doubt, there was recklessness ”“ defined in law as a conscious disregard of a risk ”“ or criminal negligence, defined as a gross deviation from reasonable care.

He referenced reports from two crash reconstructionists and testimony by witnesses.

O’Neil called the condition of the Stuart, Torno and Stuart, Inc. vehicle “deplorable,” said it would not have passed inspection and that three of the four brakes on the vehicle weren’t working. The inspection sticker on the vehicle had expired six months previously.

O’Neil noted that witnesses said Cabana didn’t look up, but was looking down at a cellphone or iPod as he entered Lebanon Street (Route 202) from Nason Street on his skateboard. He was wearing earbuds, and O’Neil pointed out, likely never heard Mark Stuart yelling at him not to cross.

Witnesses during the trial said Stuart yelled at Cabana to stop, applied the brakes and veered to the right in an effort to avoid hitting the boy, but was unable to do so.

Brakes are considered legally adequate when they have an average deceleration factor of .38, O’Neil said. The Stuart vehicle brakes were at .10, which is significantly below minimum standards. But the justice said if the truck were operating between 15-16 mph, as supported by Richard McAlister, the crash reconstructionist testifying for the defense, even if 100 percent of the braking power existed, the truck could not have stopped in time.

O’Neil said he doesn’t always issue written decisions, but did so in this case because, he said, he wanted everyone to understand the level of care he took with it.

He said there are some cases he deals with and then moves on to the next one ”“ others are different.

“Some cases I think of for years, this is one of them,” he said.

In his written decision, O’Neil said the state must prove the defects in the vehicle were the legal cause of the accident.

“If there is reason to believe that even with legally sufficient brakes the Stuart truck could not have stopped in time to avoid Corey, then this is a tragic, unavoidable accident, but not the crime of manslaughter,” he wrote.

O’Neil said the testimony of the accident reconstructionist and a witness to the crash showed there is “plausible credible evidence to conclude that it is at least reasonably possible that even with completely functioning and legal brakes, that this tragic accident could not be avoided by Mr. Stuart.”

Patricia Cabana and her family members broke into tears as they left the courtroom.

She said she is saddened by the decision.

“I just don’t get it ”“ how you can drive an uninspected dump truck with many things wrong with it, and hit and kill a child and get nothing,” she said in a message to the newspaper.

Cabana went on to say Stuart has not shown remorse, nor said he’s sorry, and that it is too late for him to say it now.

“Our family will go on, and we will take each day as it comes,” she said. “We are a strong family and will get through this together.”

Defense attorney Peter DeTroy spoke for Mark Stuart, and referenced what he described as the judge’s careful analysis of the evidence.

He said the Stuart family is very pleased with the verdict, and expressed sympathy to the Cabana family.

“Our hearts go out to them,” DeTroy said.

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

ALFRED — Mark Stuart and the company Stuart, Torno and Stuart, Inc. of Lebanon were acquitted of manslaughter in connection with the death of 15-year-old Corey Cabana on a Sanford street two years ago. Stuart, 53, was the driver of the truck that struck the boy, who was skateboarding across the street on July 13, 2012. He later died in the hospital.

Both Stuart, who is the president of the company, and the company itself, were charged.

Justice John O’Neil issued the not guilty verdict Monday at York County Superior Court after a four-day trial last week.

He prefaced his verdict by addressing Patricia Cabana, the boy’s mother. O’Neil said the family suffered a tragic and unimaginable loss.

“Every time I look at you, my heart breaks,” the justice said. But he went on to explain that it is the responsibility of the court to evaluate the evidence without sympathy or emotion for either party, and then made the pronouncement: “Not guilty.”

Prior to announcing the verdict, the justice noted that to prove manslaughter, the state most prove, beyond a reasonable doubt, there was recklessness ”“ defined in law as a conscious disregard of a risk ”“ or criminal negligence, defined as a gross deviation from reasonable care.

He referenced reports from two crash reconstructionists and testimony by witnesses.

O’Neil called the condition of the Stuart, Torno and Stuart, Inc. vehicle “deplorable,” said it would not have passed inspection and that three of the four brakes on the vehicle weren’t working. The inspection sticker on the vehicle had expired six months previously.

O’Neil noted that witnesses said Cabana didn’t look up, but was looking down at a cellphone or iPod as he entered Lebanon Street (Route 202) from Nason Street on his skateboard. He was wearing earbuds, and O’Neil pointed out, likely never heard Mark Stuart yelling at him not to cross.

Witnesses during the trial said Stuart yelled at Cabana to stop, applied the brakes and veered to the right in an effort to avoid hitting the boy, but was unable to do so.

Brakes are considered legally adequate when they have an average deceleration factor of .38, O’Neil said. The Stuart vehicle brakes were at .10, which is significantly below minimum standards. But the justice said if the truck were operating between 15-16 mph, as supported by Richard McAlister, the crash reconstructionist testifying for the defense, even if 100 percent of the braking power existed, the truck could not have stopped in time.

O’Neil said he doesn’t always issue written decisions, but did so in this case because, he said, he wanted everyone to understand the level of care he took with it.

He said there are some cases he deals with and then moves on to the next one ”“ others are different.

“Some cases I think of for years, this is one of them,” he said.

In his written decision, O’Neil said the state must prove the defects in the vehicle were the legal cause of the accident.

“If there is reason to believe that even with legally sufficient brakes the Stuart truck could not have stopped in time to avoid Corey, then this is a tragic, unavoidable accident, but not the crime of manslaughter,” he wrote.

O’Neil said the testimony of the accident reconstructionist and a witness to the crash showed there is “plausible credible evidence to conclude that it is at least reasonably possible that even with completely functioning and legal brakes, that this tragic accident could not be avoided by Mr. Stuart.”

Patricia Cabana and her family members broke into tears as they left the courtroom.

She said she is saddened by the decision.

“I just don’t get it ”“ how you can drive an uninspected dump truck with many things wrong with it, and hit and kill a child and get nothing,” she said in a message to the newspaper.

Cabana went on to say Stuart has not shown remorse, nor said he’s sorry, and that it is too late for him to say it now.

“Our family will go on, and we will take each day as it comes,” she said. “We are a strong family and will get through this together.”

Defense attorney Peter DeTroy spoke for Mark Stuart, and referenced what he described as the judge’s careful analysis of the evidence.

He said the Stuart family is very pleased with the verdict, and expressed sympathy to the Cabana family.

“Our hearts go out to them,” DeTroy said.

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