CONWAY — A man who was paralyzed in a 2010 wreck that killed a 10-year-old boy, and the boy’s father and grandmother and grandfather pleaded no contest Tuesday to a first-degree murder charge.
Russell Johnston, who entered Faulkner County Circuit Court in a wheelchair, was sentenced to 10 years in prison by Circuit Judge Charles E. Clawson Jr.
Johnston, 31, of Vilonia could have faced 10 years to 40 years or life in prison at trial. He entered the plea as part of a negotiated agreement, Prosecuting Attorney Cody Hiland of Conway said.
Johnston had been scheduled to go on trial in July.
Johnston’s attorney, Lloyd Warford, did not immediately return a phone message seeking comment.
Johnston’s co-defendant, James Holian of Cabot, was sentenced to 20 years in prison in September after a jury convicted him of first-degree murder and other offenses in the death of four members of the San Felippo family.
Holian and Johnston were passing each other and slamming on their brakes in fits of road rage when Holian threw a water bottle at Johnston’s car, Hiland has said. The encounter went on for seven to eight miles, ending when Johnston’s car crossed into oncoming traffic and struck two vehicles, Johnston’s and the one carrying the San Felippo family.
During the hearing Tuesday, a tearful Marilyn San Felippo, who survived the wreck but lost her husband, son and in-laws in it, told the judge how the tragedy has affected her life.
“She’s devastated,” Hiland said.
Her husband, John San Felippo, 35, of Vilonia; her son, Jersey Lee San Felippo, 10, of Vilonia; and her in-laws, Frank San Felippo, 67, and Judith Ellen San Felippo, 66, both of Sun City, Ariz.; died in the Sept. 12, 2010, crash on U.S. 64 near Vilonia.
Johnston made no statement in court. Under a nocontest plea, the defendant does not plead guilty but acknowledges there would be sufficient evidence to be found guilty if the case went to trial.
Hiland said he believes the plea agreement is appropriate.
In addition to his life as a paraplegic as a result of the wreck, Hiland said, “there’s less culpability for Mr. Johnston.”
Authorities “can actually prove that [Holian is] the one that actually swerved” his car, leading to the three-vehicle crash, Hiland said.
“Our hearts and prayers go out to Marilyn San Felippo, and [we] hope today’s plea provides her with closure on the criminal case and some measure of justice, although justice is a poor substitute for the loss of four family members,” Hiland said in a statement.
“This was a short-sighted, selfish decision on the part of both defendants that took the lives of four people and destroyed the life of the one they left behind,” Hiland said. “Actions have consequences. People get behind the wheel and start acting like idiots without regard to others — tragic things can happen.”
Arkansas, Pages 9 on 05/30/2012