The story that began on May 9, 2009, when Sherman Bernard Frederick was driving a southbound minivan on Crow Wing County Road 3 when his vehicle struck and killed the son of Kory and Becky Larson is the Brainerd Dispatch’s Top 5 story.
Frederick of Crosslake was found guilty of criminal vehicular homicide and a lesser and included a charge of careless driving in May, in connection with the traffic death of 3-year-old Jack Larson in Merrifield. Frederick was sentenced on Sept. 8 to 11 months in the Crow Wing County Jail and supervised probation for 10 years. While the state’s sentencing guidelines called for an executed 48-month prison term, the judge’s sentence was a downward departure.
There was no dispute between Crow Wing County Attorney Don Ryan, who prosecuted the case, and Frederick’s attorney, Brent Schafer, that Frederick was driving the minivan that passed several stopped vehicles to the right when it struck the young boy.
In his closing arguments, Ryan argued that the evidence proved beyond a reasonable doubt that Frederick’s actions leading to Jack’s death were grossly negligent, and he asked the jury to find Frederick guilty on the charge of criminal vehicular homicide.
Schafer, in his closing arguments, said Frederick’s actions were careless but not gross negligence and the evidence showed Frederick had medical issues — he suffers from sleep apnea and diabetes — that may have led to the crash. The evidence, Schafer said, didn’t support a conviction.
JENNIFER STOCKINGER may be reached at jennifer.stockinger@brainerddispatch.com or 855-5851.
