Mars Heiress Pleads Guilty In Fatal Crash, Fined $2,500
http://www.leesburgtoday.com/news/mars-pleads-guilty-in-fatal-crash-fined/article_248ca396-5dc8-11e3-b9aa-0019bb2963f4.html
The heiress responsible for the October crash that killed a Texas woman and a baby in utero and left five other injured will serve no jail time—a direct result of requests from the victims’ family members, some of whom made emotional statements in Loudoun District court this morning.
Jacqueline Badger Mars, 74, of The Plains, pleaded guilty to a charge of reckless driving.
Judge Deborah C. Welsh imposed a $2,500 fine and suspended Mars’ driver’s license for six months. Welsh called it a “tragic accident” and noted Mars’ driving record was “best you can possibly have.”
Mars is the third generation co-owner of Mars, Inc., the world’s largest candy company, founded by her grandfather in 1911. Forbes magazine lists her as the seventh richest woman in the world, with a net worth of $17 billion.
According to the Loudoun County Sheriff’s Office accident report obtained by Leesburg Today, Mars was driving a 2004 Porsche SUV westbound on Rt. 50 just west of Briar Patch Lane near Aldie around 2:30 p.m. Oct .4 when her vehicle crossed the double yellow line and hit an eastbound minivan carrying six women from Texas. The minivan went into the shoulder and did a complete revolution before coming to a stop.
The accident report lists “fatigued” as Mars’ condition. Under the crash description, the report states, “the operator had fallen asleep and failed to maintain proper control” and that “the operator of vehicle #1 [identified elsewhere in the report as Mars] stated ‘I fell asleep’ while driving…”
The report also shows that both Mars and the driver of the minivan were traveling at the posted speed limit at the time of the crash, but there were “no visible skid mark/tire mark” at the scene. Witnesses to the crash, according to an affidavit associated with search warrants for Mars’ medical records said Mars’ vehicle made no unusual movements and did not attempt to swerve to avoid the accident.
Resulting tests showed no drugs or alcohol in Mars’ system, except for standard medication that would not have caused her to fall asleep. She also suffered from no medical emergency like a stroke. An examination of cell phone records show Mars was not texting nor using a phone at the time of the accident, according to prosecutors.
A passenger in the van, Irene C. Ellisor, an 86-year-old woman from Huntsville, TX, died at the scene. She was not wearing a seatbelt, according to the report.
The 35-year-old driver of the rented Chrysler Town & Country van, identified in the accident report and in court as Ashley Blakeslee was airlifted from the scene and treated at Inova Fairfax Hospital. The van’s other occupants—a 62-year-old woman, a 66-year-old woman, a 55-year-old woman and a 35-year-old woman—also were treated for injuries following crash.
For the first time today, the Commonwealth’s Attorney’s Office publicly discussed Blakeslee, who was in her third trimester, and her son, Charlie. Reading the proffer of evidence into the record, Deputy Chief Commonwealth’s Attorney Nicole Wittmann said on Oct. 4 Travis Blakeslee, Ashley’s husband, was playing with their other two children in the front yard of the inn where Ashley’s brother was to be married the next day when he heard the crash and “knew that something bad had happened.” The accident occurred less than 600 feet from the inn.
While some of the victims were able to get out of the van, Blakeslee was pinned behind the steering wheel and had to be extracted by emergency personnel. Charlie, the unborn child, had suffered “fatal injuries” as a result of the accident and was delivered by c-section.
Blakeslee sustained injuries that "to this day make it difficult for her to carry on her daily routine of caring for her two young children...she is facing significant and long term rehabilitation and physical therapy."
Wittmann told the court that her survival was “in large part due to the fact that little Charlie had taken the brunt of the blow from the impact for her." Now, the family calls Charlie their hero, Wittmann told the court, and tell the Blakeslees’ other two children that "Charlie protected their mommy and went to heaven so that she could stay with them."
Reading her statement, Sharron Acker, Ashley’s mother, told the court she only got to “hold [Charlie] and say goodbye before I ever had the chance to say hello.” She said she is thankful that he was able to save her daughter, and for the time she spent with Ellisor, a family friend, the night before the accident. She said she “only has forgiveness in my heart” for Mars, and that she spoke to the other women in the van that day, who hold the same sentiments.
“Life happens,” she said. “Some of it is good and we enjoy it; some of it is bad and we endure it.”
Acker and her husband, Arnold, in his own statement read to the court, said they did not want Mars to serve jail time. In his statement, Arnold Acker, who arrived on the scene moments after the accident happened, said he was saddened to hear incarceration was being considered. A reckless driving conviction can result in up to 12 months in jail.
“I do not believe incarceration for Ms. Mars would have result in any added benefit,” he said in his statement, echoing that he had forgiven Mars and wanted "to spend what time I have left here on this Earth enjoying family gatherings, free from further discussion of those tragic events, especially the loss of Charlie."
Arnold Acker said he was relieved to hear that alcohol and drugs were not a factor in the crash and said he was satisfied with the charge that was brought by prosecutors.
According to the Virginia State Code, someone is guilty of reckless driving “irrespective of the maximum speeds permitted by law…who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person…”
To charge someone with involuntary manslaughter for a car crsh, the Virginia State Code requires that person to have been driving under the influence of drugs or alcohol, or with conduct “so gross, wanton and culpable as to show a reckless disregard for human life.” The police report states no drugs or alcohol were involved in the cause of the crash.
Criminal charges for the death of a fetus requires the person to do so “willfully, deliberately, maliciously and with premeditation,” under the Virginia State Code. The state code does allow for a wrongful death suit to be brought against a person or party for fetal death when it is “caused by the wrongful act, neglect, or default of any person, ship, vessel, or corporation.”
Before her sentencing Mars, who was using a walker as a result of injuries she suffered in the accident, addressed the court and expressed her “deep sadness and regret” at causing the accident. She said she had already traveled to Texas to meet with the Blakeslee family this week, and “I have begun to try and express my sorrow, regret and empathy with them.”
“I will always live with the grief and loss caused by this accident,” she said.
There were mentions made by Mars’ attorney Robin Gulick and others about making restitution to the victim, but nothing formal is in process.
“As of now no civil suit has been filed,” Mars’ spokesman Kent Jarrell said. “You can expect that the matter will be handled in the appropriate manner.”
Mars was driving this 2004 Porsche SUV westbound on Rt. 50 just west of Briar Patch Lane near Aldie around 2:30 p.m. Oct .4 when her vehicle crossed the double yellow line and hit an eastbound minivan carrying six women from Texas.
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