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An 89-year-old man whose car crashed through a farmers market, killing 10 people and injuring 73, will face sentencing this week. However, his case poses a special dilemma: How do you punish an ailing convict who has caused endless sorrow, but very few calls for imprisonment?

George Russell Weller’s daughter has pleaded to Superior Court Judge Michael Johnson that her old father is “dying before our eyes” and should get probation rather than go to prison. Even several of the surviving victims of the accident claim they don’t want to see the 89-year-old imprisoned.

While prosecution believes that Weller should spend some time in prison for his actions, his defense attorneys say that the punishment would serve no purpose.

According to his attorney Mark Overland, since the accident in 2003, “Mr. Weller has lived a reclusive life in his home under circumstances equivalent to self-imposed house arrest.”

Details of the Case

Three years ago, Weller was driving by a Santa Monica outdoor farmers market at 60 mph. His lawyers claim he confused the accelerator with the brake and panicked causing his car to plow into the crowded area. The victims were as young as seven months and as old as 78 years.

During the trial, jurors deliberated for eight days until they reached the harshest verdict possible for this type of crime. Weller was convicted of 10 counts of “vehicular manslaughter with gross negligence.” Furthermore, jurors believed that the old man acted carelessly and could have taken measures to stop such a catastrophe from occurring.

Under California law, the judge may sentence Weller to probation or up to 18 years in prison—basically a life sentence for the 89-year-old.

The sentencing will occur this week.

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