But Cannone, accepting their admissions, placed them both on unsupervised probation for one year and continued the case without a finding, which means if both men are not convicted of any new crimes during that time, the reckless endangerment charges will be permanently dropped.
However, if they face new criminal charges, today’s case could be reactivated and be treated as a criminal conviction against them and they could face up to two years imprisonment.
“Although the sentences which the court pronounced were not exactly what we requested, nevertheless it is important to note that the defendants did admit their wrongdoing and the case has been resolved quickly. I think both the admissions and the quick resolution are positive for the community going forward,” Bristol District Attorney C. Samuel Sutter said in a statement.
Last October, an investigation by Suttercq concluded that Marie Josephcq drowned June 26 in the Vietnam Veterans Memorial Pool in Lafayette Park after a series of bad decisions left the water in the pool opaque.
Shanahan and Carter were not charged with directly causing the death of Joseph, a 36-year-old Haitian immigrant who could not swim. But they were charged with reckless endangerment of a child because they allowed the shallow end of the pool to open for both days while Joseph’s body lay, undiscovered, in the deep end.
Deborah Gutter,cq who identified herself as a close friend of Joseph, attended the court hearing and afterwards expressed shock at the way the prosecution was resolved.
“She was a wonderful woman and this didn’t need to happen,’’ Gutter told reporters. “I’m furious. … She’s gone and no one can bring her back. Someone should pay for that.’’
After the hearing, their attorneys said outside court that the men wanted to end the criminal case as quickly as possible. Neither defendant has a prior criminal record, and it could have taken a year or more to resolve the case if they had decided to fight the charge, the attorneys said.
