Stuart attorney: No 'winners,' just a terrible accident

PORTLAND - One of the lawyers who defended STS and its president, Mark Stuart of Lebanon, said Monday afternoon while his client was relieved at the not guilty verdict in the death of a Sanford teenager, there was no jubilation, no joy.

“This is not a case where they (the Stuart family) felt they ‘won’ the verdict,” said Peter DeTroy, of Norman, Hanson and DeTroy Law Firm of Portland. “They are gratified that they were acquitted, but this is a case where there are no winners. It was a terrible and unfortunate accident.”

Stuart was driving a company dump truck on July 13, 2012, when 15-year-old Cory Cabana rode his skateboard into a crosswalk on Lebanon Road near Sleeper’s Market and was struck. He died that night.

On Monday both Stuart, 53, and his company were found not guilty after a four-day bench trial in York County Superior Court.

Prosecutors had charged Stuart and his company with manslaughter, because the truck had an expired inspection sticker the day of the accident and they contended that faulty brakes were at least partially to blame for Stuart’s inability to stop in time.

Sanford Police performed a forensic study of the vehicle Stuart was driving and concluded the brakes were inferior at the time of the accident.

But the defense maintained the tragedy could not have been averted even if the brakes were in perfect condition.

Court filings said Cabana had entered the crosswalk near Nason Street without looking up from his skateboard and was wearing ear buds. Court papers indicated Stuart screamed at the teen to look out but it was too late.

DeTroy said the entire Stuart family have been under a tremendous strain from the outset and continue to feel terribly for the family’s loss.

“Obviously we’re very gratified for Mark and for the company, but they obviously continue to feel bad for the Cabana family,” DeTroy said.

Stuart family members declined comment for this story and asked for privacy.

York County prosecutor Thad West, who managed the state’s case, failed to return multiple phone calls made by The Lebanon Voice seeking comment.

A civil case in the accident has already been resolved with the company’s insurance carrier.