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Sentencing after a fatal multi-vehicle crash stirs up intense emotion

Featured photo: The vehicle of Brian and Dawn Palmer after a 2020 fatal multi-vehicle crash. Photo provided by Jim Palmer.

By Tanya Terry

Jason Brandon had been previously sentenced for child abuse and assault with a dangerous weapon, in addition to other offenses. He expressed remorse before being sentenced for his role in a 2020 serious multi-vehicle crash that resulted in the death of one man and life-altering injuries for that man’s wife. Their family was so unhappy with the sentencing, the brother of the deceased man referred to the justice system as an “injustice system.”

The serious multi-vehicle crash on Clio Road, south of W. Carpenter Road, in Mt. Morris Township, resulted in the death of Brian Palmer. The impact also caused Dawn Palmer, his wife, to suffer brain damage and spinal cord injuries. The injuries require her to be in assisted living to this day.

The impact of the crash catapulted the Palmer’s Chevy Avalanche forward to the southwest, and into a large tree.

The driver of the vehicle that hit the Palmer’s truck also suffered a broken femur and needed surgery.

David Ramirez, an expert accident reconstructionist, offered his testimony after he was called to the scene on January 29, 2020. Ramirez testified that Jason Brandon, the defendant, was traveling south of Clio Road at speeds upwards of 88 miles per hour, increasing to 92 miles per hour 2.5 seconds before the impact.

In addition, the 14-year-old girl testified as a witness that she was actively engaged in a video chat with Brandon through Facebook Messenger at the time of the accident. According to the witness’ testimony, Brandon also admitted to drinking that night and told her he was going 80-90 speeding to come pick her up and take her to a boy’s house in the middle of the night.

While they were on video chat, the witness heard the crash, and the view she had on the video chat changed. She testified that Brandon told her not to call 911.

On October 23, Judge Elizabeth Kelly said she had received several letters from the victim’s family and had read them all several times.

“From my understanding, there’s a lot of people who have been impacted by this,” Kelly said.

Family members of Brain and Dawn Palmer expressed how hurt they were because of the justice system. Photo by Tanya Terry.

Brian Palmer’s brother, Jim Palmer, told the judge he and his family went through a lot growing up on Flint’s north end. He said it wasn’t easy, but they survived. He also talked about his brother being a light to many people.

“I know my brother aspirated; he choked on his own blood,” Jim Palmer continued.

Jim Palmer called a plea deal the prosecutor had previously decided on of 4-6 years minus time served “weak.”

He said although nothing would bring his brother back, he and his family members were hurting. He added they were seeking justice for the sake of the community.

It was said by his attorney that Brandon never meant to kill anyone. He argued in Judge Kelly’s courtroom that the accident would have been survivable if the Palmers were using their seatbelts, and pointed out the driver’s airbag was found to be disabled.  The Mt. Morris Police Department destroyed the vehicle before charges were brought in the case. So, it was unknown to the public, the defendant’s attorney and the family of the Palmers whether the air bag was defective, was tampered with or was missing.

Brandon also addressed the court, offering condolences, while saying he did not expect the Palmer family’s forgiveness.

Jason Brandon – Michigan Department of Corrections photo

“From the very first second, I wish this never happened,” continued Brandon. “If I could take it back or change anything I would. I’d take it all back. I’d even take your place. I’m so sorry. It shouldn’t have happened. I shouldn’t have been speeding that day.”

Brandon was sentenced to serve a minimum of 7 years and a maximum of 30 years with the Michigan Department of Corrections. He had 555 days of jail credit.

The judge said “this wasn’t just another case,” adding that she took it very seriously but she had to look at things through the eyes of a lawyer.

Lee Macko, oldest son and legal guardian of Dawn Palmer, gave the following statement to the Courier: “I personally would like to say that I feel that the plea deal given to Jason Brandon is a joke. If you check his criminal history, it’s extensive, and he has always gotten some sort of plea deal. How is that even possible?  He was sentenced to 7 to 30 years for killing my stepfather; technically speaking he has zero punishment for what he did to my mom since all charges against him except reckless driving causing death were dropped as part of his deal. This means he could potentially get out on parole as soon as 3 ½ (years) or so due to time served. Myself, my mother and several other family members will do our best to make sure that doesn’t happen.

Then we have the issue of the Mt. Morris Police Department ordering the destruction of the vehicle Brian and my mother were in before it could be thoroughly processed for evidence that may have helped our case. That’s a whole other matter that we are in the early stages of figuring out how to proceed with. So, while the main case is indeed finally over, there is still a long way to go yet.”

 

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