By BOB DUNN
NORTHAMPTON — A veteran
Chicopee police officer — described by his chief as a “good street cop” — will
serve 30 days in jail after pleading guilty to charges resulting from an
accident in 2013 that injured a then 19-year-old Belchertown woman.
Paul Genest, 41, of Chicopee,
pleaded guilty in Hampshire Superior Court Tuesday before Judge Bertha
Josephson to charges of operating a motor vehicle while under the influence of
liquor and negligent operation of a motor vehicle.
Genest was indicted on two
counts of operating under the influence with serious bodily injury, but those
charges were reduced as part of a plea arrangement between First Assistant
Northwestern District Attorney Steven Gagne and Genest’s attorney, Jeremy
Powers of Springfield.
Genest was sentenced to 2½
years in jail on the operating under the influence charge and two years on the
negligent operation charge. Thirty days of that sentence will be served in the
Hampshire Jail and House of Correction, and the balance will be suspended for
five years during which Genest will be on probation.
While on probation, Genest must
avoid alcohol and submit to random screenings, attend any counseling that is
requested by the Probation Department, have alcohol-detection devices installed
at his home and in his personal vehicle, not drive any vehicle without such a
device and pay $10,000 in restitution, among other conditions.
Genest’s sentence will be
stayed for one week to allow him to make child care arrangements.
Genest is currently on unpaid
administrative leave from the Chicopee Police Department, according to Chief
Thomas Charette.
Charette said he suspected that
Genest’s jail sentence for a first-offense operating under the influence
resulting from his being a police officer. Charette pointed out that many other
first offenders do not serve any jail time.
However, in court Tuesday,
Josephson said some may actually view the sentence as lenient. Nevertheless,
Josephson added that she does not view it as showing preferential treatment
toward Genest. Josephson said she could see the same sentence being recommended
under similar circumstances involving a civilian.
Genest admitted that on July 30,
2013, he was traveling south on Route 21 in Belchertown when he veered into the
oncoming lane and collided with a car driven by Emma Norden. She had to be
extricated from her car and suffered a fractured leg and several deep cuts,
some of which have left scars, Gagne said.
Gagne said Genest’s blood
alcohol concentration was .24, three times the legal limit of .08 to drive a
vehicle in Massachusetts.
Gagne said the plea deal was
the result of “extensive discussion and negotiation,” and the “forgiveness and
understanding” of Norden’s parents. They were present at the hearing, but did
not address the court. “They are just thankful they still have their daughter,”
Gagne said.
Norden was not present in court
Tuesday.
Gagne said Genest wrote a
“heartfelt” letter to the family that was not read aloud in court but was
included in the Probation Department’s file.
A copy of the letter was not
available because it is not included in the public court file, according to
Hampshire Superior Court Clerk Harry Jekanowski.
Josephson acknowledged the
safety of a police officer serving time in jail may be at risk and he may have
to be sequestered away from the majority of inmates. “ ‘Uncomfortable’ is a gentle way of putting it,” Josephson said.
Gagne said he hopes the 30 days
will be an “indelible reminder” of Genest’s lapse in judgment before getting
behind the wheel.
Charette said, following the
crash, Genest used all of his vacation, sick and personal time and, once that
was exhausted, he was placed on the unpaid leave.
Charette said a decision will
be made later whether Genest, who joined the Chicopee police force in 1997,
will be able to return to the department full-time. That decision will
ultimately be up to Chicopee Mayor Richard J. Kos, Charette said.
