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PROVO — Fourth District Judge Robert Lunnen said he was amazed by the remorse a Utah County sheriff's deputy showed in court, and by the way the family forgave him for the 2021 car crash that killed their son.
He said he doesn't see that often enough in his courtroom.
Joseph Richardson, 54 entered a plea in abeyance recently to a reduced charge of negligent homicide, a class A misdemeanor, in the 2021 death of Joseph Spencer, 22. Richardson was originally charged with manslaughter, a second-degree felony, and was scheduled to stand trial this week. The plea will be held without a sentence for 18 months. If the deputy commits no other crimes during that time, the charge will be reduced even further to a class B misdemeanor.
An emotional Richardson took the stand, saying he has a son Spencer's same age.
"There's no way I can bring back Joseph Spencer, but I hope that in some way … Joseph Spencer's family and friends will find peace," he said.
Wes Spencer, father of Joseph Spencer, said he forgives Richardson for what happened.
"I don't understand all the complex and various individual and systemic factors that influenced the decisions that were made on that day, March 16, 2021, but I nevertheless want to express my complete and total forgiveness to Joseph Richardson for his actions," Spencer said in a recording of the hearing. "I didn't know Mr. Richardson prior to this accident but I have formed the impression that he was a good man who loves God, his family and this country."
Spencer also shared how he hopes his son — who was a student at BYU — will be remembered, and his hopes for how everyone will heal moving forward.
"He was a peaceful and peace-loving young man full of curiosity, kindness and wit. He was loved by his family and everyone who knew him," Spencer said. "On that day his body was broken, and the hearts of many broke, too, but I hope and pray for peace and comfort and healing for all those whose hearts and minds were broken on that day — including the Richardsons and their loved ones."
The collision
On March 16, 2021, the deputy was driving his car south on 900 East in Provo more than 20 mph over the speed limit without any lights or sirens when he hit a car turning out of a Taco Bell drive-thru, charging documents state. Spencer was killed in the crash.
Amended charging documents filed on Friday with the reduced charge said officers had video of the crash from nearby businesses. Richardson swerved to the left, hitting Spencer's car in the turn lane. Richardson helped provide aid to Spencer, but he was pronounced dead less than 10 minutes after the crash, the charges state.
"As I was coming down here I saw him start to pull out in front of me. I shouldn't ... I shouldn't have tried to beat him," Richardson said at the scene.
The plea deal
The plea statement indicates prosecutors recommended that the plea be held in abeyance for 18 months, and if Richardson follows the conditions of the plea, the charge will be reduced another step to reckless driving, a class B misdemeanor.
Those conditions include not violating any laws, keeping the court notified of his address, appearing for any hearings, and paying any court fees. Prosecutors agreed not to push for any jail time or fines in the case.
Lunnen accepted the plea in abeyance.
"We believe it is a fair resolution to a very difficult case," Summit County chief prosecutor Patricia Cassell said in a statement. Summit County prosecuted the case to avoid a conflict of interest.
Civil lawsuit also settled
Randall Spencer, an attorney for Joseph Spencer's father, Wes Spencer, said the family was consulted about the plea agreement and agreed with the proposal for the plea in abeyance.
Spencer's father filed a civil lawsuit against Richardson, the sheriff's office, Utah County and Taco Bell about a week after the charges were filed.
The attorney said the civil case has now been "resolved in a manner satisfactory to all parties involved."
Shortly after the lawsuit was filed, Randall Spencer said his client was hoping the legal action would lead to an expectation of adherence to safety policies by law enforcement officers.
"Defendants owed a duty to Joseph Spencer to protect and serve and to operate private unmarked vehicles consistent with all laws and traffic ordinances applicable to people in Utah who operate vehicles on public roads," the complaint said.
The company that owns the specific Taco Bell location was the only party that responded to the lawsuit and that case was officially dismissed by the court last week; other defendants' cases were not officially dismissed but have been resolved, according to the attorney.
Contributing: Gabrielle Shiozawa
