Judge: Drunk driver should work at church of slain Clinton man
Community service considered for convicted man after jail time
Clinton United Methodist Church lay leader June Fauber said that if 74-year-old Robert Francis Burdette of Clinton was still alive, she believes he would want fellow church members to accept a judge's decision to order the drunk driver responsible for his death to do community service at the church, in addition to serving jail time.
Sean Kevin Fitzgibbon, 28, of Friendship, was sentenced Tuesday to serve 18 months in jail after he pleaded guilty July 19 to automobile manslaughter in Burdette's death last November. Anne Arundel County Circuit Court Judge William Mulford II ordered Fitzgibbon to serve the maximum sentence of 10 years in jail, but then suspended all but 18 months.
But in what one prosecutor said was an unusual twist, Mulford also sentenced Fitzgibbon to complete 74 hours of community service at Clinton United Methodist Church once he is released, in recognition of Burdette's close relationship to his church.
Anne Arundel County Assistant State's Attorney Brian Marsh, who prosecuted the case, said he could not remember handling any other cases where a judge handed down such a sentence.
"This was a special circumstance, an extraordinary life, a man who was extremely involved in his church," Marsh said, adding that Mulford indicated during the hearing that he wanted Fitzgibbon to "give back to that church that was so important the victim, to see how the victim's death has affected members of this church, to see where this victim ... spent his time."
Mulford did make the sentence dependant on the church's wishes. Fauber, who was present at the hearing and has been designated to speak on behalf of the church, said members will have a chance to weigh in, but she believes they will accept Mulford's decision.
"Bob, had he lived, would have wanted the church to take the young man in and do the community service and help to reform him and help him turn around," Fauber said.
Early the morning of Oct. 7, Fitzgibbon struck Burdette's pickup truck from behind as the two were traveling southbound on Route 4 in Lothian. Burdette's vehicle hit a tree head-on. He was transported to Prince George's Hospital Center in Cheverly and died from his injuries in early November.
According to police, at the time of the crash, Burdette was driving just south of the intersection at Plummer Lane when he was hit by Fitzgibbon's car, sending both cars off the road. Fitzgibbon sustained minor injuries.
Fitzgibbon told police on the scene that he had not been drinking, but Kristin Fleckenstein, a spokeswoman for the Anne Arundel County state's attorney's office, said police measured his blood alcohol content at 0.21, more than double the legal limit of .08.
Kevin Joyce, Fitzgibbon's attorney, said after Tuesday's sentencing hearing that Fitzgibbon admitted soon after the crash that he had "a drinking problem." While on house arrest, Joyce said, his client completed a 26-week outpatient treatment program and has not set off the alcohol-detection device he has worn since his arrest.
Joyce said he was hoping Mulford would sentence Fitzgibbon to continue with house arrest and allow him to work, but said he thought the sentence was "fair."
Fitzgibbon is also facing a civil lawsuit filed by Burdette's family. No court date has been set yet in that case, according to Anne Arundel County Circuit Court records.
John Hutchinson of Mechanicsville, who is Burdette's nephew but said he thought of Burdette like a father, said he and the rest of the family continue to miss Burdette.
"No time is good enough, but under the circumstances, the judge did the best he could," Hutchinson said. The sentencing, he said, provided "a little bit of closure."
Fauber said the church is planning to dedicate a room to Burdette during a 45th anniversary celebration scheduled for Oct. 31. Burdette was a longtime member and worked as a custodian, often for little or no pay, in his retirement.
"We have missed Bob a great deal," she said. "He was in and out of that church at any hour. You would give him a call and he would be there."
ztillman@gazette.net