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Updated Nov. 2, 2007, 3:17 p.m. ET
Scott Speer sentenced to four years in prison for death of friend on Lake Erie


A judge sentenced an Ohio man accused of pushing his friend off a boat to four years in state prison and fined him $10,000 Wednesday.

Scott Speer was found not guilty of aggravated murder, but guilty of aggravated vehicular homicide and involuntary manslaughter in the death of longtime friend James Barnett. He faced a sentence of probation to five years.

Barnett, 39, who worked for the Speer family plastics company, went overboard while the two were out on Lake Erie on Aug. 6, 2002. Barnett's body, which washed ashore near Mouse Island the next day, was found by family members. (MAP)

Speer, who did not testify during the trial, spoke for the first time at the sentencing to apologize to the Barnett family and his own relatives. Speer said he understood the jury's verdict and was sorry for what he had done. As he spoke about his family, Speer began to cry.

"There is not a day that goes by that I don't think of Jim," Speer said. "I don't want to say anything else to cause Jim's family, my family, any more pain. The jury has spoken and I understand what they have said. I understand the verdict. I apologize to everyone else in this town that I have caused pain to."

Speer's statement meant little to Barnett's niece Michelle.

"I think he's only sorry because he was caught," Michelle Barnett said. "The only tears he shed were because he was going to jail, not over Jimmy."

Visiting Judge Richard Markus told Speer that, based on his previous traffic troubles, which included boating and driving violations and tickets, he felt Speer needed to be taught a lesson about his recklessness.

Markus also addressed Speer's father, Larry Speer, saying he was bothered by his "willingness to let his son get out of hand." Markus noted that Speer's father financed many of his son's activities, including the purchase of one of Speer's boats using company money.

Markus also strongly recommended that whenever Speer is paroled, he be stripped of his driver's license for five years and ordered not to operate watercraft, drink alcohol or use controlled substances unless prescribed by a doctor. Markus said his suggestions were for the benefit and safety of Speer and the community.

The sentencing came a little more than a week after a jury of nine women and three men reached the verdict after deliberating for about eight hours. The verdict was announced Oct. 24. (VIDEO)

Ottawa County Assistant District Attorney Lorrain Croy could not immediately be reached for comment.

Defense Attorney Russell Buzzelli told CourtTVnews.com that Laura Ann Perkovic filed an appeal of the verdict and sentence Wednesday. Perkovic will be handling Speer's appeal.

Buzzelli said the trial's outcome "sends a chill down [his] spine" because it shows that the county prosecutors treat noncriminal conduct as though it were criminal.

Buzzelli said that the basis for the prosecution's claim that Speer was reckless was that he was driving late at night after having a beer, with no moon. He argued during the trial that none of those offenses were criminal and police officers did not arrest Speer for any of those actions.

Theresa Barnett, one of Barnett's sisters, told CourtTVnews.com Wednesday that she was glad she was able to address Speer and the court.

She said she wished Speer had received more time in prison and had been convicted of murder and aggravated murder charges. Still, she said, she felt a little sorry for Speer.

"He's lost his friend, and he's losing some of his freedom," she said.

During Speer's trial, prosecutors presented two theories about what they believed happened the night Barnett went overboard. Croy said Speer had confessed to self-professed drug addict William Seese that he pushed Barnett. Croy also presented evidence that Speer was driving the boat recklessly in rough weather, which caused Barnett to fall.

By acquitting Speer of the murder and aggravated murder chargers, the jury sent a message that they did not believe Seese's testimony. Buzzelli had questioned the credibility of Seese's story because he was under the influence of Vicodin at the time of the alleged confession.

"We recognize that it's hard for a jury to convict someone of murder based on one person's testimony," Croy said after the verdict.

She said she was pleased with the jury's decision, especially given the lack of specific evidence about what happened on the boat.

Buzzelli twice asked the judge to dismiss the charges of aggravated murder and murder. Markus denied the motions, but said he had "considerable doubt" about the aggravated murder charge, which required the jury to find that Speer engaged in "prior calculation and design" to reach a guilty verdict.

Members of the Barnett family had told Croy that Barnett was going to testify in Speer's divorce hearings that he had been cheating on his wife, but the jury heard nothing about that because prosecutors could not find documents to back it up.



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