AUBURN – The trial of a Sabattus man charged with committing manslaughter with his snowmobile in December 2002 was called off late Friday after lawyers on both sides agreed to a plea bargain.

As a result of the last-minute deal, Steven Davies pleaded guilty Monday morning to a misdemeanor charge and one minor civil offense.

Initially facing up to 35 years in prison for three serious felonies, the 36-year-old father now faces a maximum sentence of one year behind bars and a fine.

“The state finally agreed to charge him with what he did,” said defense attorney Coleman Coyne Jr., after Davies pleaded guilty to falsifying physical evidence and admitted that he failed to report a snowmobile accident.

Coyne described the plea as a major breakthrough in the case.

For the family of Robert Levesque, the 59-year-old man killed in the accident, it was a devastating turn of events.

More than a dozen of Levesque’s relatives and friends were in court Monday to hear Davies enter his plea. They each wore a pin with a photograph of Levesque attached to a ribbon that said “In Memory of Bob.”

“Obviously, we are saddened and upset by what has happened,” said Levesque’s daughter, Michelle Lajoie.

Levesque’s family blames the state’s snowmobile laws for what they described as an incredible injustice, and they plan to fight for changes.

A dark night

The accident occurred on Sabattus Pond on a dark, cold night.

Davies was driving his snowmobile at about 70 mph when he struck Levesque, who was walking on the ice dressed in dark clothing and carrying a flashlight. After the collision, Davies drove away and went to his brother-in-law’s house.

According to Coyne, Davies did not know whether he had hit an animal, a person or something else when he drove away. Davies asked his brother-in-law, Robert Cyr, to go and check the pond.

Cyr found Levesque lying on the ice surrounded by snowmobile parts. He put the body on his snowmobile, drove to his house and called 911.

Levesque was rushed to the hospital and died shortly after arrival.

According to police, Cyr took investigators to the scene but never mentioned that he knew the person who hit Levesque. Investigators went to Davies’ house about six hours later after finding a piece of broken windshield on the ice, showing a registration number for a snowmobile in his name.

Davies initially denied being involved in the accident. He told police that his snowmobile was parked at his brother-in-law’s house, then he walked with the officers to find it.

When it was discovered that the snowmobile was not there, Davies told police that he wanted to report it stolen. It wasn’t until after investigators discovered the damaged snowmobile on a trail in the woods that Davies admitted to being involved.

A tragic accident’

The charges that Davies pleaded guilty to Monday were for hiding the snowmobile and for not immediately reporting the accident. The first charge carries a maximum sentence of one year in prison. The second is a civil offense, punishable by a fine of $100 to $500.

The plea bargain was reached Friday after a judge denied the state’s request to leave out evidence that Levesque was not wearing reflective clothing on the night of the collision.

It started to become more clear that Levesque’s death was a tragic accident, Coyne said.

In order to get convictions on the original charges of manslaughter, aggravated assault and reckless conduct, the state would have had to prove that Davies acted recklessly and negligently.

“There was no proof of recklessness,” Coyne said.

Maine does not have posted speed limits for snowmobiles on lakes. Additionally, the state had no evidence that Davies was drinking before the crash. And, unlike with car crashes, it isn’t a crime to leave the scene of a snowmobile accident because it is assumed that many accidents occur in remote areas.

Coyne believes it would have been no different if Davies were driving a car on the Maine Turnpike at 65 mph and hit someone who was standing in the middle of the highway in dark clothing.

“That person would not be guilty of manslaughter,” the Lewiston lawyer said.

Dead is dead’

Levesque’s family doesn’t see it the same way.

They believe that Davies acted recklessly when he left the scene, and they plan to push for changes in the state’s laws to prevent the next person in his position from getting away with only a misdemeanor on his record.

“Dead is dead,” Levesque’s wife, Patricia, said outside of the courthouse. “It shouldn’t matter.”

As she spoke, another relative mumbled, “The system is broken.”

The family believes it should be more serious than a civil offense to leave the scene of a snowmobile accident. They also plan to push for the enforcement of speed limits on Maine’s lakes.

“Nothing will bring my father back,” Lajoie said. “But hopefully, this case will highlight the inadequacy in the laws.”

Davies was able to go home Monday on a previously set bail of $50,000 in property. His sentencing is scheduled for July 2.

The state plans to wait until after the sentencing to prosecute Davies’ brother-in-law. Cyr has been charged with two counts of hindering apprehension or prosecution for allegedly telling Davies to hide his snowmobile and for not telling police that he knew who hit Levesque.

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