Saturday, September 16, 2006
Parties settle in boating lawsuit
A man guilty of causing a deadly boat wreck last summer apologized to the Lewises' family.
Mark de Tournillon Sr., who pleaded guilty to causing the boat wreck that killed a Moneta couple last year, agreed Friday to a substantial $2.75 million settlement with the estates of Lawrence and Judith Lewis.
Although most of that amount will be paid by insurance companies, de Tournillon intends to pay $250,000 out of the proceeds from the sale of his business, Shoreline Marina. The business has not yet been sold, said William Stanley, one of de Tournillon's defense lawyers.
The settlement will be split equally between the two estates. Documents filed Friday in Roanoke County Circuit Court specify that the $250,000 must be paid to the Lewises' estates by March 30.
In June, de Tournillon pleaded guilty to two counts of involuntary manslaughter by intoxication in the Aug. 20, 2005, crash that killed the Lewises and their dog. As part of his plea, de Tournillon admitted he was drunk when he drove his speedboat at 65 miles an hour into the back of the Lewises' cabin cruiser that night.
His sentencing in Bedford County Circuit Court is scheduled for Sept. 26. He faces the possibility of up to 21 years in prison, though prosecutor Randy Krantz has said he will ask for no more than 15.
The Lewises' estates sued de Tournillon and Shoreline Marina for a total of $12 million even before a Bedford County grand jury indicted him for involuntary manslaughter. "We considered this a case of clear liability all along," said Chris Stevens, attorney for the estates.
The two sides had negotiated the settlement before Friday's hearing. After reviewing the paperwork, Judge Jim Swanson approved the agreement, commending attorneys for concluding a difficult case.
Chris Stevens, attorney for the estates, said the families of the Lewises are relieved to have the lawsuits behind them. De Tournillon's agreement to pay $250,000 of his own money "was certainly something that led them to believe that he was showing some remorse for what he had done and accepting some responsibility for what he'd done."
Eric Spencer, Judith Lewis' son, said family members would prefer not to make any comment until after de Tournillon is sentenced.
In the settlement, de Tournillon did not admit liability for the deaths. But William Stanley, one of de Tournillon's defense attorneys, said his client insisted on paying the Lewises' estates some of his own money even though he did not have to, "based on his moral beliefs that he owed that to the families at the very minimum."
Though de Tournillon did not attend the hearing, Stanley afterward read from a handwritten statement that de Tournillon addressed to the Lewises' family and friends.
"I can't pretend to fully understand the pain, anger and grieving of the loss of your loved ones," de Tournillon wrote. "It's my hope that one day you may be able to forgive me for my contribution to this terrible accident.
"This tragic accident has affected so many of us including my own family, my love of Smith Mountain Lake, boating and my relationship with the Lord. ... We are so very sorry that this has happened."
Had the cases gone to trial, Stanley and fellow de Tournillon lawyer Jim Shannon said they would likely have argued there was contributory negligence on the part of the Lewises.
De Tournillon's defense lawyers in the criminal case have suggested that the Lewises may have been intoxicated and might have left their stern lights off.
The Lewises were known around the lake as experienced boaters who were active in local social circles.
A blood test taken hours after the accident showed that de Tournillon had a blood alcohol level of 0.12 percent, above the legal limit of 0.08. A search warrant asserted that although de Tournillon told game wardens he had taken three different prescription drugs at the time of the crash, forensic tests for drugs came back negative.
In April, while he was out on bond in the boat crash case, de Tournillon was charged in Florida with driving under the influence.
The community outrage over the accident caused lake-area legislators to introduce several bills related to boating safety in the most recent General Assembly session. The only one passed so far was a measure to require people convicted of boating violations to take a boating safety course. That law took effect July 1.





