MONROE — Hudson D. Zarling, the area teen who reached for his cell phone and caused a fatal, two-car crash in Green County last January 17, entered a plea agreement Thursday that spares him jail time but calls for lengthy community service and other requirements as part of a 5-year deferred prosecution agreement.
“This is as serious as it gets,” said Circuit Judge Faun Phillipson on Nov. 13, addressing the defendant, as well as a gallery that included family members of both the victim who was killed and the 17-year-old defendant.
Reports said that on the day of the crash — in the W7800 block of Wis. 81, in the Town of Jordan — Zarling was turning his 2012 Toyota Highlander into the cheese factory in which he worked, and somehow became distracted by his phone. In an instant the car was T-Boned by an oncoming Nissan Sentra. The front-seat passenger — and driver’s niece — died.
Treated for minor injuries, the teen defendant went home, but police later charged him with failure to yield, inattentive driving, and failure to yield while making a left turn (resulting in death).
Hudson’s father, a firefighter, was among those on scene that night, and on Thursday the judge cited strong family support for the agreement Phillipson approved — but not before admonishing the defendant once again about the imperative to follow the agreement closely for five years.
“She (the victim) can’t be replaced, I start with that premise,” said Phillipson. “I think the seriousness of this offense speaks for itself…we have lost her.”
Yet Phillipson said the proposed agreement at once addresses several key aspects of the case, especially the community service component. It also keyed in on the need for punishment, deterrence, and future public safety.
The amount of community service was at issue and caused a short delay and departure from reaching an initial plea agreement at an October hearing. The first draft of the agreement called for less than the 250 hours Zarling is now required to serve under the deal inked Thursday.
“We think that we understand that he doesn’t deserve jail time,” said the victim’s relative, who addressed the court from the gallery but was not asked to identify herself. “At least for five years we’d like this to be at the forefront of this young man’s mind, as well.”
Both sides also submitted testimony and letters supporting their positions on the sentence and Phillipson lauded the victim family’s compassion and a desire for the defendant’s community service to focus on causes that the victim was known to have cared about. (Those causes included helping other teens and animal welfare).
The victim, according to court documents, was living in a group home in Mineral Point. Her age was not given but court documents said she had the mental capacity of a 7- to 10-year-old child.
Zarling’s attorney, Madison-based Jonas Bednarek, said he and his client wanted the agreement to be as fair and respectful as possible. He said Zarling on his own initiative has started calling non-profits and researching ways to make his service impactful, although he noted the defendant may be limited in his options with a felony record pending for five years.
The agreement includes several other requirements, such as restricting Zarling’s driving privileges and an initial license suspension.
Failing any part of the agreement could result in resentencing and prison time — the penalty for Homicide by Negligent Operation/Vehicle in Wisconsin includes a maximum possible prison sentence of 10 years.
