Judge Robert Burger accepted Billy Lane's plea of no contest and will face 9 years as part of plea deal.
** UPDATE ** Melbourne, FL (June 9,2009) - Circuit Judge Robert Burger today accepted motorcycle builder Billy Lane’s plea of no contest to a single felony count of vehicular homicide. He faces a cap of about nine years in prison when he is sentenced at 9 a.m. Aug. 14 by Judge Burger. Prosecutors dropped a DUI manslaughter charge under the terms of the plea bargain. The deal also mandates a lifetime license suspension, though defense lawyer Greg Eisenmenger said Lane might be able to retain use of it for specific purposes, such as work. Probation, house arrest or alcohol and drug provisions will be up to the discretion of the judge.
Melbourne, FL (June 8, 2009) - Billy Lane the 39 year old motorcycle builder is facing up to nine years in prison on a single felony charge of vehicular homicide in connection with a Labor Day 2006 car crash that left a Melbourne Beach man, also a motorcyclist, dead. After several delays, Lane is expected in court Tuesday morning to change his not guilty plea. He would then be sentenced at 9 a.m. Aug. 14.
Lane working out of his shop in Melbourne was featured on The Discovery Channel's motorcycle-themed reality competition series "Biker Buildoff" and "Monster Garage". He built choppers in the US 1 location going for $30,000 and up.
Lane was charged two years ago with one count of DUI manslaughter in connection with the 2006 traffic accident in which Sebastian Inlet park ranger Gerald Morelock, 56, died. Police said Lane's blood-alcohol level was more than twice the legal limit when he crossed a double yellow line to pass slow traffic on State Road A1A south of Melbourne Beach. He crashed his Dodge pickup head on into Morelock's small Yamaha motorcycle on Sept. 4, 2006, police said.
After several delays, Lane is expected in court Tuesday morning to change his not guilty plea. He would then be sentenced at 9 a.m. Aug. 14. "We did get the written plea agreement in," defense attorney Greg Eisenmenger said. "Based on my review of it, I don't anticipate any problems. I anticipate we are good to go Tuesday."
Due to the legal discussions over the permissibility of blood evidence at trial, prosecutors in late December added an alternative charge of vehicular homicide, which requires the state to prove that Lane was driving recklessly but does not include the drug or alcohol element needed to prove DUI manslaughter. Both charges are second-degree felonies, punishable by up to 15 years in prison.
Lane's attorneys say he will agree to a plea deal in court Tuesday. As part of the deal, prosecutors have agreed to drop the DUI manslaughter charge. But under the terms of the plea deal, they will seek a nine-year prison term for the vehicular homicide charge, a term Lane is eligible for under state sentencing guidelines when his prior criminal record is considered. Eisenmenger will seek a sentence that calls for no time in prison. "We believe there are mitigating factors in this case and we're going to be presenting those to the court at sentencing," he said.
