OSWEGO, NY – The man charged in a fatal boating accident last summer was sentenced this morning (June 11) in Oswego County Court.
Brad Bouthillier, 22, of Cicero, was sentenced to the maximum 1 1/3 to 4 years on charges of criminally negligent homicide and leaving the scene of a fatal navigation accident.
In February, Bouthillier pled guilty to both charges, both are felonies.
Bouthillier was partying with friends on Oneida Lake last August.
According to court documents, he was kissing a woman sitting on his lap, with one hand on her leg and the other on the boat’s wheel, moments before the collision.
Another woman began to scream; but, Bouthillier didn’t have time to avoid the other boat.
An 85-year-old fisherman, John Kowalewski, died as a result of the crash.
Bouthillier then fled the scene without getting help for Kowalewski, police said.
Kowalewski’s body was found inside his drifting boat by another boater approximately two hours later.
In court Wednesday, Bouthillier apologized to the victim’s family.
Turning around to face the more than a dozen of his victim’s family members, he said: “I have no excuses, but only an explanation. I was overwhelmed, shocked, panicked like I’ve never felt before in my life and I hope I never feel again. I hope no one will have to feel the way I felt in those moments when I made that wrong choice. I want to remind you that in no way is this an excuse. I can only offer my deepest and sincerest apologies. I’m truly sorry for what happened that day.”
Prior to Bouthillier’s statement, Kowalewski’s son, Gerald, said he wanted everyone to know what kind of man his father was.
“In his 85 years, I have seen him go from a rough and tough individual to a sweet, gentle, loving man,” he said.
As a child he remembers his father waking up screaming from nightmares of his time in World War II, he continued. The nightmares plagued him to the end of his life, he added.
His father’s passion was fishing.
“I have spent thousands of hours on a boat fishing with my dad, and always enjoyed it, even if we didn’t catch anything,” Gerald said. “On Aug. 9, 2007, everything changed. No longer will I or anyone be able to go fishing with my dad. No longer will I be able to call my dad to say ‘I love you.’ Everything changed on that day.”
His father saw the boat bearing down on him, “stood up, began to wave and yelled hoping beyond hope that you would turn away and spare his life,” he continued. “But you didn’t.”
Bouthillier didn’t pay attention to the others on his boat screaming a warning, “you paid attention only to the young lady on your lap,” Gerald said.
He said Bouthillier didn’t try to help his father; he just tried to help himself.
“By running, you proved cowardice on your part, not panic of being scared. Mr. Brad, what is done is done. Nothing will bring my dad back. No amount of apology, no amount of excuses will dismiss your actions that day. What lies ahead now for you is a sentence – to prison for a specified time after which you will begin to put your life back together and go on having holidays, birthdays, every day with your dad,” Gerald said addressing Bouthillier directly.
Commenting on statements by some that Bouthillier’s sentence is too severe, Gerald asked, “What about my dad’s sentence? He died.”
Gerald pointed out that he holds no animosity toward Bouthillier.
He said he would like to see the laws concerning water travel would be changed to include DWI and not reporting an accident you’re involved in, among other things.
Christine Hirib–Karpinski, Kowalewski’s stepdaughter, also addressed the court.
She got emotional as she started speaking and her husband, Thomas, came up to stand beside her.
She described the victim as a survivor.
He survived cancer, she noted.
Having survived all that, “it is even more tragic that his life was taken in such a reckless and heinous manner,” she said.
Even though he was 85 years old, he was not close to death in any way, she stressed.
“He still had plenty more weddings, graduations, birthdays and family celebrations to attend,” she said. “He still had plenty of masterpieces left to create with his lathe in his basement. And he plenty of card games and chess games left to be played.”
“And most of all he still had a lot more Christmas Eve dinners, his favorite family holiday where he would take the fish that he had caught all year long and cook it for his family,” she said. “But, on that one fateful day, Bouthillier took it all away. You ran a man over and left him to die! In our mind, what Bouthillier did that day was murder; not just when his boat struck John, but when he made his decision to run away.”
That Bouthillier said “I’m going to get in so much trouble,” right after the crash shows he was only thinking of himself, she said.
“Why weren’t your words ‘Call 9-1-1!'” she said turning to shout at Bouthillier.
The other passengers on the boat didn’t show any more compassion, either, she said, adding despite numerous cell phones not one person called for help.
“They too are guilty in our minds,” she said. “So, yeah, you are in so much trouble. He deserves so much more than the sentence he has. We’re not satisfied with the sentence. We will not be satisfied until people stop treating boats like toys and realize they’re dangerous weapons in the hands of the inexperienced and reckless like Bouthillier and those six other passengers.”
She advocates stronger boating laws “to ensure boaters have proper licensing and safety training before being allowed to operate such a powerful vehicle.”
Also, passengers should be required to at least call 9-1-1 if they are on a boat involved in an accident, she said.
“We will not be satisfied until there is just punishment for reckless people like Bouthillier,” she said.
The family is left with an image of Kowalewski “that will resonate in our minds forever,” she told Bouthillier, “John standing up, waving his arms warning (you) that he was there. You’ll never know what you’ve taken from us.”
She said she hopes Aug. 9, 2007, haunts Bouthillier as much as it haunts her family.
She also vowed the family would be at any and all parole hearings to ensure he serves every second of his sentence.
Bouthillier’s defense attorney extended his condolences to the family.
“I want to assure the family that it was never Brad Bouthillier’s position or intention to make excuses for his conduct, to not accept responsibility for what he did,” he said. “He wanted to right this wrong as much as he possibly could.”
There is nothing his client can do to bring back John Kowalewski.
“That is a harness that will be around his neck for the rest of his life,” he said. “And, I assure Ms. Karpinski that he will take this to his grave. There is not a day that goes by, there’s not a moment that goes by that Brad does not regret what happened. He made what is one of the worst decisions any human being could possibly make.”
He pointed out his client came forward and accepted responsibility.
He also said he wanted to point out to Kowalewski’s family that he died instantly and did not suffer.
“I hope that some day, perhaps not today, the Kowalewski family can find some comfort in that,” he said.
His client “made a tragic decision and will pay for it dearly for the rest of his life,” he said.
“I’m asking for your forgiveness, whether you give it or not. I know I’ve caused you pain and sorrow that no family should ever have to suffer,” Bouthillier told his victim’s family in court. “I don’t have the words to express my remorse. Please know in my heart, I am truly, truly sorry.”
“Will I accept (his apology)? Probably. Will I right now? I’ve got a lot of mixed emotions,” Gerald Kowaleski said moments after Bouthillier was handcuffed and escorted out of the courtroom by deputies.
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I cannot believe it he murdered the man and left the accident. it it was a animal you would of gave him more where is our justice??
It is indeed a very tragic situation that took place for many families touched by this accident. When I first heard about the accident I too immediately took the side of the Kowaleski family and wanted the punishment to be as severe as possible. After the initial shock that someone could possibly drive away and leave an accident victim to fend for himself, I remembered that I once was 20 years old. This 21 year old boy did not go out there and intentionally run down a defenseless victim. He did make some very poor choices. To leave the scene of the accident without reporting it will without a doubt haunt he and his family for the rest of their lives as it will the rest of the individuals that were on that boat. A number of life changing decisions were made that day. Everything happens for a reason in life and in death. I am sure everyone on that boat would make a different decision if given the chance. It very easily could have been a boat with a family with small children aboard that was run over that day. If I am lucky enough to someday be 85 years old and still be able to enjoy my lifes passion by myself, I will gladly thank God. I also pray to God that I am never put in a position that a decision I made cost someone thier life. I also know I am very lucky that the decisions I made in my early 20’s that put my friends, family and unknown individuals in harms way did not result in tragedy. Only by the Grace of God. It is possible that John Kowaleski was fishing in that spot at that time of day to save the lives of an entire family. Everything happens for a reason and we may never know why such a tragic event took place that day August 9, 2007. I am Truly sorry for loss of Mr. John Kowaleski and that this tragic accident does indeed bring about much needed changes to the Boating laws.