Warwick

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ATV driver enters plea in fatal crash

07:48 AM EDT on Friday, July 10, 2009

By Talia Buford

Journal Staff Writer

WARWICK — Days before he was scheduled to go to trial in Superior Court, a Coventry man pleaded no contest Thursday to a dangerous-driving charge stemming from a crash in 2007 that killed the passenger on his all-terrain vehicle.

Gregory Hebert, 24, of 1540 Hill Farm Rd., was originally charged with two felony counts — driving to endanger with death resulting and leaving the scene of an accident with death resulting. But under a plea bargain with prosecutors, the charge of leaving the scene was dismissed.

The agreement caps Hebert’s potential sentence for the remaining charge at 10 years, with no more than 2 years to serve, the remainder on probation. That charge normally carries a 10-year sentence, while the dismissed count carries an additional 5-year sentence and a fine.

Sentencing is set for Sept. 10 before Judge Edwin J. Gale.

On June 23, 2007, Hebert was at a graduation party on Sharon Drive, when he unloaded his ATV to take it for a spin. Ashley R. Phelps, 21, climbed on the back. Neither was wearing a helmet. The vehicle crashed into a mailbox and rolled over, throwing Hebert and Phelps from the vehicle. Hebert got back onto the ATV and sped off, and the police later found Phelps lying in a driveway with extensive head injuries. She was taken to Kent Hospital and later transported to Rhode Island Hospital, where she died nine days later.

Hebert was indicted in February 2008; he has been free on $20,000 bail.

Phelps, daughter of Thomas and Kimberly Phelps, of Coventry, was described by family members as outgoing. She was a 2003 graduate of Coventry High School, and had been pursuing a degree in social work, taking classes at Rhode Island College and Community College of Rhode Island. Her parents — who have filed a wrongful death suit against Hebert — have called for changes in state law that would require ATV drivers to take safety courses and have liability insurance.

It is unknown whether Hebert had liability insurance on his ATV.

tbuford@projo.com

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