'92 Corsica Inspection -> Manslaughter Charge for Mechanic

This might make mechanics who give out inspections to older cars think twice. It’s only a charge at the moment but we’ll see how the case goes. Personally I think it’s ridiculous.

I’ve included the whole article because the news site is garbage:

A central Vermont mechanic has been arrested on charges of manslaughter and reckless endangerment in connection with approving a state inspection for a defective car that later crashed, killing a woman, the authorities said.

Steven Jalbert, 30, of Barre pleaded not guilty to the two charges during a brief hearing Tuesday afternoon in Vermont Superior Court in Barre.
Judge Kevin Griffin agreed with the request by the Attorney General’s Office to release Jalbert on conditions, including he refrain from driving vehicles until he is legally licensed and that he have no contact with the victim’s family.
The charges stem from a crash that killed Elizabeth Ibey, 82, of Barre Town on July 5, 2014, court records show.
The driver, Donald Ibey, 86, of Barre Town reported he was traveling down a steep section of Hill Street in the 22-year-old car “when he heard a pop,” Barre police reported after the crash.
The 1992 four-door silver Chevrolet Corsica sedan continued out of control and crashed near Nelson Street. Elizabeth Ibey died at the scene, police said.
Jalbert, who is employed at the family’s business, A.J.’s Sunoco on Washington Street in Barre, conducted a faulty annual inspection less than two months before to the fatal crash, said Glen Button, director of enforcement for the state Department of Motor Vehicles.

The inspection sticker was issued May 9, 2014, with visibly unsafe conditions showing, records indicate. The Ibey car traveled only 383 miles from the time of the inspection until the crash, DMV Lt. Tim Charland said in a court affidavit.
The DMV asked George Maglaris of South Burlington, a forensic expert on motor vehicles and a recognized court expert, to check the car.
The 17-page affidavit by Charland outlines the poor condition of the car with extensive rust, especially on the rocker panels. DMV Investigator David Evans, a former Stowe police officer, and Maglaris were part of the subsequent inspection.

The multiple problems uncovered after the crash were “more than likely” also present when Ibey car received its 2013 inspection sticker, Charland wrote.
Jalbert provided three voluntary sworn recorded statements that included “several admissions about his failure to properly inspect Ibey’s vehicle,” Charland said.
“Steven Jalbert displayed no signs of remorse or concern over his involvement in the matters leading to the death of Mrs. Ibey. In fact, he sowed more concern about their inability to conduct vehicle inspections in the future,” Charland wrote.

http://www.gannett-cdn.com/-mm-/9f3e3a6f3c6ffc85e33a64fe7188ec3bbe63c419/c=249-0-3751-2633&r=x383&c=540x380/local/-/media/2015/08/11/Burlington/Burlington/635748998703849121-BUR20150811JALBERT2.jpg
A.J.'s Sunoco on U.S. 302 in Barre on Tuesday, August 11, 2015. (Photo: GLENN RUSSELL/FREE PRESS)

During an Aug. 24, 2014, statement, Jalbert said he replaced one of the rear brake lines and the other three “showed indications of serious rust and corrosion” in April 2012. Jalbert said Ibey didn’t want them replaced, but also could not remember what he used for a reason.
Three weeks later Jalbert put a new inspection sticker on the car. Jalbert’s father passed the car in May 2013 and Steven Jalbert did the state inspection again in May 2014, Charland said.
During a September 25, 2014, interview, Jalbert said he never placed the car on a lift while doing the May 2014 inspection and he never took it for a test drive before putting the sticker on, Charland said.
Jalbert also said he never removed a tire to check the braking components and he never conducted — and was unaware — that was expected to conduct a 150 pounds per square inch brake test.
However, Steven Jalbert maintained the service station never received the 2013 inspection manual from the Vermont DMV. When Evans and Charland asked him and his father to double check. As the Jalberts rummaged through a cabinet, Charland said he spotted a yellow envelope from DMV. He asked them to open the envelope and they removed an unused inspection manual, he wrote.
Investigators returned to the station in Oct. 23, 2014, and found the 2011 manual on Steve Jalbert’s desk, Charland said. When asked what happened to the 2013 edition, it was found on a shelf in the office. Charland said he seized the 2011 as evidence.

Fighting the charges
DMV Capt. Drew Bloom and Charland arrested Jalbert at the service station shortly before his arraignment Tuesday. Jalbert said nothing during the hearing.
Defense lawyer Hal Stevens of Stowe, after the hearing, questioned how the state will be able to prove “beyond a reasonable doubt” that there was a link between the state inspection and the fatal crash two months later.
Stevens said he expects the defense will hire its own expert mechanic to comb through the evidence.
At A.J.’s Sunoco following the arraignment, Jalbert’s parents, Albert and Joyce Jalbert, said they plan to withhold comment and see how the case plays out in court. State records show Jalberts have owned and operated the service station since 2004.

Maglaris, the state’s expert mechanic, said, based on the age and condition of the car he suspected, the lower rocker panel/frame rails were most likely rotted away,” Charland wrote. The rot would have forced the engine into the passenger compartment during the crash instead of forcing it downward, Maglaris reported.
When the car was put on a lift, Maglaris reported the brakes failed to function and the pedal had no tension, Charland said.
“We observed extensive rust, corrosion and deterioration to the vehicle right and lift side, rocker panels/frame rails,” Charland wrote. The condition “significantly reduced the structural integrity of the vehicle to withstand a front-end collision,” he wrote.

The manslaughter charge alleges Jalbert “acted with criminal negligence in conducting a motor vehicle safety inspection, causing the death of Elizabeth Ibey.” The reckless-endangerment charge maintains that he “placed Donald and Elizabeth Ibey in danger of death or serious bodily injury in recklessly conducting a motor vehicle safety inspection.”
Judge Griffin ordered Steven Jalbert to refrain from driving any vehicle until he clears up his license suspension in New Hampshire.
If convicted, Jalbert faces up to 15 years in prison on the manslaughter charge and up to one year on the reckless endangerment count, court documents state.

Vermont inspections
The state of Vermont has required safety inspections since 1935 to ensure vehicles are operated in a safe condition.

“Every car, truck and motorcycle registered in Vermont is subject to an annual safety equipment inspection,” said Button, who oversee enforcement for DMV.
“There are nearly 1,100 licensed inspection stations for car and truck inspections and approximately 5,900 licensed inspection mechanics,” Button said.
He said it is important for each to follow the standards established for all stations.
“Most inspection mechanics perform a thorough examination of a vehicle to certify it meets safety equipment standards. There are a small number of licensed inspection mechanics who affix an inspection sticker to a vehicle without giving the level of scrutiny necessary to assure the vehicle is safe to operate on the highway,” Button said.
“Unfortunately, operating a vehicle with defective equipment can lead to tragedy,” he said.

Yeah, read this yesterday. And friends wonder why I’m averse to just slapping stickers on cars.

if this inspector would have failed it for “the brake lines looking rusty” the person or family of the old person would have thrown a hissy fit and and challenged his decision saying “it passes”. I sdont think you can fail a car because the brake lines look rusty lol everything looks rusty. in nys brakes don’t even fail until they are metal to metal.

Instead of an inspection sticker, the customer should have been given a medal for still driving a '92 Corsica.

Refusing to pass said car would have resulted in action by the state. Rocker panels are not on the inspection. Fuel leaks must be dripping and pooling to fail. Rusty brake lines pass and so on.

I think some of you are confusing NYS inspections with VT inspections.

From the Vermont manual under brakes:

Reject vehicle if:1. Wheel cylinders leak.2. Hoses or tubing leak or are cracked, chafed, flattened, restricted, insecurelyfastened, improperly retained or rusted.3. If repairs have been made with copper tubing or compression fittings

The customer brought the car in a couple months before the inspection and had one brake line replaced. At that time the mechanic documented that the other 3 were seriously rusted and in danger of failing, but the customer refused. That’s all well and good, but 2 months after that the car is back in for an inspection and the shop passed it. So now they have evidence that the shop knew the brake lines were bad enough that they would have failed the inspection 2 months prior, didn’t bother inspecting to see if they were fixed, but slapped a sticker on.

And it has this to say about rust/frames…

Procedure:1. With the vehicle on a lift or on jacks, inspect frame, cross members or uni-body for broken, cracked or severely rusted areas.2. If so equipped, check front and/or rear sub-frame assemblies.Reject vehicle if:Any structural part of the undercarriage is broken, cracked or so severely rusted so asto cause a hazard.

Basically they’re arguing that the rocker panels were so severely rusted that they compromised the vehicle in a crash. That’s quite a stretch and I’m pretty sure any lawyer will crush the DA trying to prove such an arbitrary scale meets the burden of beyond a reasonable doubt. The question I have is how much did the barely functioning brakes contribute to the crash? That’s a lot easier to prove the shop is at fault considering he admitted he knew the brakes were terrible and didn’t bother doing the road test which specifically lays out a test procedure for braking performance.

The guy’s biggest problem is he admitted, repeatedly, that he slapped a sticker on without ever putting the car on a lift or taking it for a test drive, both specifically stated as requirements for the inspection. To make matters worse when the investigator asked if he had received the latest requirements from the state he dug out an envelope from his file cabinet, STILL SEALED, and opened it right in front of the investigator. :ham:

So far fetched. In before Bernie Sanders starts endorsing “free” state vehicle inspections.

Just inspections? Pretty sure he’d want to give everyone a free car.

He’ll use the savings from mandating the design and production of only one car, called “The Car”. Choices are such capitalist waste.

I suggest something 2wd to save on fuel and with an engine in the rear to help with traction. Then we can make it air cooled and call it a car for the people.

while were talking about inspections and how “in depth” they want you to go to check every nook and cranny on vehicles I think the price of inspections should be $99.00 or whatever the hourly shop rate is, people bitch that they have to give the state there annual $21.00 for NYSI and NYS collects all the profits from them. by the time you buy the outrageously priced state inspection computer/printer/cart, buy the stickers, pay a tech, and not mentioning little things like using wifi, the computer making a phone call to the state when the cars plugged in, yada yada yada…if you cant finds something wrong with a vehicle to TRY to sell them something shops lose there ass on inspections. f u NYS

Massive Hi5 here from me.

Bwaha well played.

I see what you did there. haha

yea what he did is wrong - but if there were visual issues with the car, thats HER fault for operating it and trying to get a bogus inspection. IDK why everyone always needs someone else to blame.
she had a shit car she never took care of, it killed her. in her next life, she’ll take care of her shit. idiots.

Hmmm. I do nazi this catching on.

state vehicle inspections are a joke. a person should be responsible for maintaining their vehicle, and if theyre not capable, pay a mechanic. the government should have nothing to do with it. NYSI is the biggest money grab going. we’re one of around a dozen states that have mandated inspections

I will be running sunshine state plates this spring, :fu: NYS

there is a white one with florida plates that parks near my house frequently. I didn’t know that any of them were still on the road!!

92 accords on the other hand :lol:

The mechanic should turn around and sue the state of VT for excessive use of salt on roads that rapidly increases the rust on the underside of a car

SHOTS FIRED. Also… this is just terrible.

+1 car owner should be responsible for for operating a car that they know is a POS. Inspections are such bullshit.

If this holds up it will be just another reason for me to still not be an inspection station.