The funeral motorcade was long as many people came to pay their respects to Julie and Cyrus. The family member on both sides, visibly distraught and silent, walked with bowed heads as the crowd made it to the cemetery where Julie would be put to rest with all the dignity and love a man can give his wife when she dies so suddenly and so young. The funeral was a lengthy process as there was much to do to show respect for Julie and her baby. As the preacher read one of the parables of the Bible, the children released several dozen of helium filled balloons into the air as the adults walked up to the casket, each with a rose in hand to pay their last respects. Cyrus, obviously distraught and tears in his eyes knelt down besides the casket and whispered something to Julie as he laid the rose on the casket. The crowd, silenced with emotion, also began to cry and as the casket was lowered down into the ground, someone prayed out loud the Lord’s Prayer.
The service took place back in the little Mormon Church that was overflowing with people who wanted to pay their respects to the family and Cyrus. The funeral service for Julie Grossman was attended by most of their high school friends as one of her closest friend said that this tragedy and the loss of Julie was “so sad as her life was “gone far too soon” and showing how much Julie was loved by so many. Among family and friends, Julie was remembered for her wit, her sense of humor and her faith in God. Graduated as a nurse from the local community college she chose to raise a family and be a stay home mother for her baby when this accident took their lives last week. Julie’s ambition, her smile and kind words would forever be remembered by those who knew her.
On the following day, Cyrus was advised that an autopsy by the Office of the Chief Medical Examiner in the big city would occur on next Monday, with results expected soon. Remembering the accident much clearer now than before, Cyrus recalled how Julie’s head was bleeding and how much blood she had lost while waiting on the ambulance. Having been in combat before, he knew that a blow to the head may at first seem minor but this was different. Julie wasn’t wearing a seat belt as she complained that the belt didn’t fit because she was pregnant. He recalled her yelling for a short moment and then passing out unconsciously and began suspecting a brain injury due to the blow to the head when her head hit the dashboard. Her sudden deteriorating was frightful and unexplainable as she was pronounced dead at the scene. They didn’t even have a chance to fly her to a hospital. Passing time with looking at photos of the wedding day and other snapshots taken when they were dating, Cyrus cried for days and stayed inside his parent’s house for over a week without going outside.
On Tuesday morning, one day after the autopsy, there was a knock on the door and as Cyrus answered the door and opened it up, there stood two men in suits and paper in hand to serve to Cyrus. Politely but firmly, one of the men in black suits asked Cyrus if he was indeed Cyrus Grossman. Cyrus, unsuspecting, answered with a nod of his head and as he nodded the affirmative to the question, the other man in a suit reached in the small of his back and took out a pair of handcuffs. The paper in hand, a written warrant for Cyrus’s arrest was read as the men stood there at the front door. Shocked and dazed with amazement and confusion, Cyrus asked one of the men “What did I do, why are you arresting me and for what?” Firmly and with a deep voice, one of them said to Cyrus “Mr. Gary Ellison, our assistant district attorney told us to serve you this arrest warrant and take you to the county jail because prosecutors have filed vehicular manslaughter charges against you for your involvement in an allegedly fatal crash on the Interstate last week.”
He then read the probable cause statement written on the arrest warrant that stated “Cyrus Grossman, the investigation on the fatal crash that occurred on Interstate 40 revealed that you drove more than 300 miles on a set of bald tires in the rain, causing the vehicle to swerve at freeway speeds and causing the truck to roll over killing an occupant, Julie Grossman with child expected.” Subsequently, the victims, Julie Grossman, a person who was with child, died at the scene from injuries sustained in the crash. recommending charges be filed for vehicular manslaughter, two counts.” Cyrus still stunned and grabbing his jacket, kissed his mother on the cheek and went with the two men in black suits as they escorted him to a black Crown Vic that had a metal cage between the front seat and the back seat.
The following day, the small daily newspaper, the Homestead News, printed the arrest of Cyrus Grossman on the front page with a headline that read “Local man charged with manslaughter for killing wife and child in car accident.” In the article the Deputy District Attorney was quoted as saying “The defendant isn’t evil or wicked but needs to be held accountable,” said Ellison in his statement.
“The injuries alone in this matter would merit a civil case but this is something that, through investigation, criminal charges needed to be filed on. If convicted of vehicular manslaughter with gross negligence, Grossman could face one to six years in prison.” In the meantime, Cyrus was sitting in the Central Complex jail awaiting his arraignment on these charges. While sitting inside that filthy and urine smelling holding cell with twelve other men also waiting for their trials, he was feeling a bit uneasy as they were asking him all kinds of questions and reasons for him being there with them. Asking him stupid questions such as; why he was arrested and other personal information as to where he was from, what did he do and asking for money and other favors such as cigarettes or candy. Sitting there quietly and staring at the wall, he heard one of the detention officers call his name out loud and yell “Grossman, front and center, your bail has been made.” Grabbing his jacket, Cyrus stood up and walked up to the front of the holding cell as others gathered around him in a threatening manner.
Ignoring their presence, he patiently and confidently waited until the officer opened the big steel door and let him out. Walking and not looking back, he heard some vulgarity and sneering remarks as he exited the holding area into the reception area where he saw his mother and father standing side by side with a controlled smile on their faces. Giving them both hugs and kissing his mother, Cyrus was relieved to be out of that jail for he sensed that nothing but evil could come out of such a place. Still, it must be said that his arrest caused him a huge financial blow to his savings and his family’s income. The three of them still couldn’t believe that he was arrested for killing his pregnant wife in the car accident. The bail amount was huge and set at $ 150,000 dollars. It was strange that the judge had refused to let him out on his own recognizance. Never before a criminal and never before in trouble with the law, Cyrus could not figure out why the judge was being so tough on him and denied him to be released on his own recognizance bond while imposing such a heavy amount that burdened his family tremendously. Arriving at his parent’s house, he immediately went upstairs to take a shower as he smelled like he slept inside a box of dirty socks and soiled undergarments.
The attorney, a close family friend of his father, came to the house and explained to Cyrus how the case was being presented to the judge by the district attorney’s office. This being an election year, the DA wanted to stack his record higher by showing an aggressive list of prosecutions of criminals within his county. It didn’t look good as the case was based on the fact that the DA was accusing Cyrus of negligence as the cause for Julie’s death. The fact that Julie was pregnant with child made this a high profile case as the attorney mentioned to Cyrus that he could have been charged with child abuse as well as the vehicular manslaughter charge.
After a long discussion that took a few hours, the attorney stood up and told Cyrus, “you need to make a decision soon; they will be asking me here within the next few days if we are going to plead guilty or make an innocent plea. The choice is up to you.” Cyrus, scratching his head with confusion said to his father, “dad, I didn’t do anything wrong, why can’t they see that, it was an accident.”
With a sad face, his father said to him, “son, at this point, they are not treating this as an accident and Mr. Thompson, who is willing to represent you in court will do whatever you feel is the right thing to do in this case but he needs to know how you are going to plea when we go back to court.” The two men walked towards the door as Cyrus sat there quietly on his dad’s favorite chair and began to cry. He was thinking of Julie and every time he thinks of her, he cries. His mother entered the room and offered him a cup of coffee to calm him down. With tears in his eyes he asked his mother “why mom, why is God doing this to me?” I didn’t do anything wrong and I am being punished by taking Julie away from me.”
Having no good answer to such a difficult question, she shook her head and read a scripture to him to console his heart. Falling asleep in that chair, his parents left the room quietly and covered him with a blanket. He needed rest for his day in court was going to be exhausting and anticipated to be very frustrating to all in the family. Cyrus decided to meet with his attorney, Mr. Thompson just the day before and decided to listen to his advice on this matter. Slowly Mr. Thompson explained the process of plea bargaining qualifying that there are no perfect rules or conditions for such an agreement but when simplified he would outline his options and decisions for him in plain language and not the complicated legalese that it is written in. He began by saying “Black’s Law Dictionary defines it as follows: “the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge.” In practice, plea bargaining often represents not so much “mutual satisfaction” as perhaps “mutual acknowledgement” of the strengths or weaknesses of both the charges and the defenses, against a backdrop of crowded criminal courts and court case dockets.”
“Plea bargaining usually occurs prior to trial but, in some jurisdictions, may occur any time before a verdict is rendered. It also is often negotiated after a trial that has resulted in a hung jury: the parties may negotiate a plea rather than go through another trial. Plea bargaining actually involves three areas of negotiation: Charge Bargaining: This is a common and widely known form of plea. It involves a negotiation of the specific charges (counts) or crimes that the defendant will face at trial. Usually, in return for a plea of “guilty” to a lesser charge, a prosecutor will dismiss the higher or other charge(s) or counts. For example, in return for dismissing charges for first-degree murder, a prosecutor may accept a “guilty” plea for manslaughter (subject to court approval).”
The process was complicated and Cyrus was having trouble focusing on the words and speed the attorney was explaining this to him. He sensed frustration taking over and asked for a break. Mr. Thomson, understandingly impatient as he had other clients to attend to insisted that they finish the process so he could contact the DA for the decision that was to be made today in his office and offered to the DA for consideration before the court date.
Finally after Mr. Thompson recited all the conditions of the plea bargain he pointed at the clock and said to Cyrus, “you need to let me know within 30 minutes what you are going to do, plead guilty and take the deal or plead innocent and go through the trial.” As a last condition Thompson stated to Cyrus, remember these few rules, the deal is subject to the prosecutor’s agreement and not the judge’s decision. The judge will either accept the recommendations made by the DA or reject them. If the judge accepts the conditions, the terms of the plea bargain will become record of the case and may take into consideration these terms for the sentencing term. Regardless, the only way you can plea is guilty.”
Then, with a sincere voice, Thompson said to Cyrus “son, take the plea bargain and do your time, it will go easier on you and you may only need to serve two years instead of the six years they are asking for in this case.” I don’t think that if we go to trial, the jury will believe you that it was an accident and avoidable since you reported to the highway patrolman you had trouble controlling your truck in the rain with the bald tires and the investigation confirmed your tires were the cause of the wreck that resulted in the fatalities.”
Cyrus, insisting that he did everything he could to prevent the accident was not convinced. He wanted to press on his belief that the jury would believe him. Softly he said “I now in my heart and with all my effort, I slowed the speed down to allow for the slippery road and that I was driving as careful as possible. When the truck started to wiggle and the rear end came loose, I hit the brakes and tried to control the truck the best I could.”
His day in court was stressful. Just before the trial began, a man dressed in a grey suit and yellow tie came up to Mr. Thompson and whispered something in his ear. Cyrus, sitting there attentively, couldn’t hear what they said but was most interested in what was said. Turning to Thompson he said “what was that all about and who was that man?” showing a solemn face and a stoic posture, he said “that was the assistant district attorney doing your case. He wanted to know how you were going to plead. I told him innocent and we wanted a jury trial. I don’t think he liked it and said to me, see you in court counselor, I wish you well in your case.”
The case was called and the judge’s bailiff read the criminal complaint that alleged negligence and vehicular manslaughter charges against Cyrus Grossman. Cyrus was dressed neatly in a black suit with a blue tie. He stood there confidently and prayed his case would release him of all this guilt that he had been building up since the arrest. The judge asked the attorneys to come up to the bench and quietly asked them both “is there a plea bargain here on the table or what is going on?” the DA looked at Thompson and said to the judge, “your honor, we don’t have a plea bargain as the defendant wants to be heard by a jury trial.” The judge, obviously annoyed said “very well, let’s get this thing going, I got more cases to hear today.”
The atmosphere was tense as the courtroom was quiet. Up in the front were two experts from the highway patrol explaining their findings to the court and jury one at a time showing pictures and slides of the tires and the accident scene diagrams that indicated the exact track or path the truck took before it rolled in the median.
The evidence was compelling and the judge allowed the assistant DA much latitude in the line of questioning these experts. Sweat was rolling off Mr. Thompson’s forehead as he saw the gauntlet come down on his case knowing that Cyrus would be found guilty before the judge ordered the jury to adjourn and deliberate this case. The jury didn’t believe him, and the judge sentenced him to six years in prison. Julie’s relatives, sitting there quietly in the courtroom began to whisper and although they believed him to be innocent, they couldn’t help but think that perhaps Julie’s death was his fault after all because of all the testimony given to show him negligent in his actions and decision to take that trip on bald tires. One even shouted out a condemnation of Cyrus as they took him away into the back in handcuffs.
There in the back he was met by Thompson who didn’t have much to say to his client. Cyrus, obviously disappointed and very stressed asked Thompson, “what’s next sir, do I have to go to prison from here or is there anything else we can do to keep me a free man?” Looking at Cyrus, Thompson said to him “son, you are now convicted of a felony crime and will have to do your six years in prison. There are laws that will give you some good time reducing your time to serve but you are looking at doing at least four years flat.”
The sheriff deputy walked up to the two and nodded the conversation was over. Cyrus would have to change his clothes as the deputy handed him a set of orange jumpsuit that seemed a little big for him but adequate to change him out. The jumpsuit had big bold letters on the back of the suit that read “County Jail Prisoner” – it said a lot about where Cyrus was being held. Next he will be housed somewhere in the upper floors of the large metro jail and await a bus ride to the prison reception center where he would be processed and classified according to his crime, his sentence and his personal needs such as medical and mental health issues if any. The nightmare, something that nobody in the family would have ever expected was just beginning as the road to the prison was to be a life changing event for Cyrus forever.
His first night in jail on the upper floors was just pure hell. Being away from his family and thinking about his loss of Julie and his freedom, he began to feel isolated and solitaire in mind although he had three more occupants inside his cell shared with others convicted and waiting for the prison bus to take them to the corrections department reception center. The difference between the first night he spent in jail and now was day and night. Here he was stuck with convicted felons that were found guilty of crimes ranging from murder to auto theft. Some were drug users and others were child abusers. The difference didn’t matter much as they were all dressed in orange jumpsuits and given a number thus taking away their name and identity almost overnight.
The first full day inside this cell of four started about 5:30 in the morning. The detention officers were passing out plastic trays of food for breakfast as the day’s events begun. It is hard to have any privacy when you share a 12 x 10 cell with four people. After breakfast, they will be let out of their cells and allowed to watch TV for an hour or two depending on what is on the schedule in the jail. Cyrus decided to watch TV a little but quickly decided to return back to his cell to read something the other guys had left behind. Maybe later they will let him out to spend some time outdoors and lift weights or something.