ESCANABA – A Marquette County man – in prison for causing the deaths of an Escanaba couple involved in a 2013 crash in Gladstone – was recently denied an appeal he filed with the Michigan Court of Appeals.

Harley Davidson Durocher, 27, of Little Lake, was sentenced in July 2014 to spend a minimum of five and a half years in prison for causing the deaths of Tom and Barbara Swift, each 73, of Escanaba.

The couple died of injuries suffered when their car was struck by a logging truck driven by Durocher, who failed to stop at a red light in Gladstone on March 20, 2013.

During Durocher’s jury trial in April 2014, a jury found him guilty of six felonies – two counts of reckless driving causing death, two counts of operating a motor vehicle with a suspended license causing death, and two counts of operating a motor vehicle with the presence of a controlled substance (THC in marijuana) causing death.

Durocher, currently lodged at Kinross Correctional Facility in the eastern Upper Peninsula, appealed all six convictions, which were denied by Michigan Court of Appeals judges Michael F. Gadola, Kirsten Frank Kelly and Karen M. Fort Hood.

In a Dec. 22, 2015, explanation of the denials, the three judges presented their reasons for affirming the convictions issued by Delta County Circuit Court Judge Stephen Davis in 2014.

Durocher claimed Judge Davis erred in denying his motion for revised verdicts on the two counts of reckless driving causing death. Durocher argued there was no evidence of willful or wanton disregard for the safety of others.

The Court of Appeals judges disagreed and stated that Steve Parks, who was the prosecutor at the time, presented evidence that showed beyond a reasonable doubt that Durocher acted with willful and wanton disregard for the safety of others.

Based on testimony presented at the trial, the denial states, “Michigan Motor Carrier Officer Erik Kestila testified that none of the brakes on the logging trailer were operative, and that four of the six brakes on the semi-truck were inadequate. According to Kestila, the truck’s braking system was operating at a 50 percent efficiency, which, when considering the road conditions and the type of tires on the logging truck, produced an overall braking efficiency of 39 percent.”

The denial also states, “In addition, Michigan State Police Sgt. John Bruno, an expert in accident reconstruction, estimated the truck to be 713 feet from the crash site when the northbound traffic light turned yellow. Given the truck’s depleted braking capacity, Bruno determined that the truck would have needed approximately 298 feet to stop, assuming it was going 45 miles per hour, as the evidence suggested. However, defendant did not begin to brake until he was 61 feet from the intersection. According to Bruno, this indicated that defendant did not begin to perceive or react to the traffic signals until he was close to the intersection and it was too late to brake.”

The appeals court judges also stated that the prosecution presented cell phone records showing calls or text messages were made or received by the defendant’s cell phone around the time of the accident.

Durocher’s passenger in the logging truck at the time of the accident testified the brakes were in working order. The witness also testified Durocher never used his phone while driving the truck, but that he often answered Durocher’s phone or sent text messages for him.

The denial states the “defendant testified that the timing of the traffic signals caused his inability to stop at the red light. While this evidence certainly could have discredited the evidence presented by the prosecution, this court will not second guess the jury’s assessment of a witness’s credibility.”

Durocher also claimed in his appeal that Judge Davis erred in denying his motion for revised verdicts on the two counts of operating a motor vehicle with the presence of a controlled substance and the two counts of operating a motor vehicle with a suspended license causing death.

“We disagree,” the denial states, adding the prosecution “was not required to establish beyond a reasonable doubt that the presence of THC in defendant’s blood was a substantial cause of the victims’ death; it was only required to establish that defendant had ‘any amount’ of THC in his body when operating the logging truck. The testimony of a forensic toxicologist established this element.”

In regard to Durocher’s suspended license, he claimed there was no evidence showing his license status caused the two deaths.

The appeals court judges stated, “… the prosecution was not required to prove a causal link between the death of the victims and the fact that defendant’s license was suspended.”

Durocher’s six sentencings, being served concurrently, are as follows: five years and six months to up to 15 years in prison on each of the two counts of reckless driving causing death; three to 15 years in prison on each of the two counts of driving with the presence of a controlled substance (marijuana) causing death; and five to 15 years in prison for each of the two counts of driving with a suspended license causing death.

Judge Davis also ordered Durocher to pay $23,905 in restitution and $372 in fines and costs. His driver’s license was revoked. He was ordered to have no contact with the Swift family.

Durocher’s earliest date to be considered for parole is Dec. 14, 2019; his maximum release date is June 14, 2029, according to the Michigan Department of Corrections.