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Truck driver sentenced in Gladstone fatal crash

ESCANABA – Emotions were tense during the sentencing in Delta County Circuit Court as one family suffered the loss of two lives and another family faced the consequences of their deaths.

Harley Davidson Durocher, 25, of Little Lake, was sentenced to up to 15 years in prison for causing last year’s deaths of Tom and Barbara Swift, each 73, of Escanaba.

The couple died of injuries suffered when their car was struck by a logging truck driven by Durocher who failed to stop at a red light in Gladstone on March 20, 2013. The crash occurred on U.S. 2 & 41/M-35 at South Hill Road.

During Durocher’s trial in April, a jury found him guilty of six charges – two counts of reckless driving causing death, two counts of operating a motor vehicle with a suspended license causing death, and two counts of operating a motor vehicle with the presence of a controlled substance (THC in marijuana) causing death.

Delta County Prosecutor Steve Parks addressed the court first, saying, “Looking back at the trial, there’s one thing that sticks with me… is there was no sign of remorse.”

Parks recalled the two lives lost, the heartache caused by their deaths, and the tears, anger and frustration of the family during the trial.

These emotions were repeated as the couple’s two grown children presented statements to the court.

“We can’t cry enough tears to bring them back,” said the Swifts’ son, Brian Swift, as he spoke to the court prior to sentencing. “We are robbed of them… They had so many more years to live.”

Defense attorney Jim Howarth of Detroit addressed the court and said he was “overwhelmed by the grief expressed,” describing the grief as “very legitimate and powerful” and “absolutely heartfelt.”

He also told the family that Durocher has been remorseful.

In Durocher’s statement to the court, he said he was “very, very sorry” and there was nothing he can do to change what happened.

“I’m very sorry. I’m sorry,” he said as he turned and looked at the Swift family and friends.

Judge Davis described the case as one of “profound sadness,” adding there were lives lost, lives ruined and lives altered.

“Today does not end the tragedy,” commented Davis before sentencing Durocher on his six convictions.

Davis ruled he spend a minimum of five years and six months to up to 15 years in prison on each of the two counts of reckless driving causing death.

Durocher was sentenced to a minimum of three years to up to 15 years in prison on each of the two counts of driving with the presence of a controlled substance (marijuana) causing death.

He was sentenced to five to 15 years in prison for each of the two counts of driving with a suspended license causing death.

The above six sentences are to be served concurrently.

Durocher was ordered to have no contact with the Swift family. He was ordered to pay $23,905 in restitution and $372 in fines and costs.

His drivers license was revoked. He was given credit for 29 days served in the county jail.

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