Mother Seeks Answers In Son's Death

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By Liz Tufts

The mother of a Holland man killed last year in a car crash is frustrated with the legal system. She says it's taken too long for the driver involved to finally face a judge.

Darlene Branconnier says the pain of losing her son Nicholas Perry is stronger than ever.

"Our family has been through hell for this, " says Branconnier.

The 24-year-old Nicholas Perry of Holland was killed last April while heading to work on Route 20 in Brimfield. A car driven by Kevin Smith of Wales crossed the center line, and hit Perry's car head on. Almost a year later, she found out Smith still hasn't been charged.

"I was waiting to hear court dates and I just wasn't getting any phone calls, " describes Branconnier.

Then last week, a newspaper article pushed her over the edge. The same driver, Kevin Smith, was involved in yet another accident where police say he fell asleep at the wheel and crossed the center line. Luckily, this time he didn't hit another driver.

"He should have had his license taken away and he should have been arrested, " says Branconnier.

When she called the Hampden District's Attorney's Office to tell then about the second accident, she say's they admitted they dropped the ball. She's now on a mission to get justice. She hired a lawyer and has even contacted Senator Stephen Brewer for support.

She finally made some progress. Smith will be arragined on Negligent Motor Vechicle Homicide charges later this month. She hopes her story will help other families.

"Don't give up, if you are not getting justice and the people who are supposed to be serving aren't helping you, take it in your own hands, " says Branconnier.

We contacted the DA's office to get some answers about why it took so long to get the case processed in court. Officials there would not comment, and only said the case is being handled in Palmer District Court.

8:35 AM Jane wrote ...

I don't know where the link is for liz.

Friday, Mar 5 at 9:46 AM Darlene Branconnier wrote ...

Jane I'm hoping you check back into this article. If you see this please get a hold of me through Liz Tufts email link on their site. I would be very interested in talking with you, and greatly appreciate your concern in this matter :D

Monday, Mar 1 at 3:04 PM Darlene Branconnier wrote ...

Thank you everyone for your comments and kindness, especially Jane, and MKO, and yes it does make us wonder!

Monday, Mar 1 at 2:15 AM Dawn wrote ...

As another family member, I too believe the justice system is sometimes injustice...This guy should have been in jail from day one with a high bail. The problem seems to be that no ones cares unless it involves someone they lost. The fight doesnt end here: it will end when we change the law about dead beat DADs and irresponsible drivers.

Sunday, Feb 28 at 8:10 PM Jane wrote ...

Someoe better check out the doc who was giving kevin pain meds that he has been taking like candy. and and was the cause of the last crash. the only person kevin knows is the doc who writes to many pain meds. lock both of them up.

Wednesday, Feb 10 at 1:48 PM MKO wrote ...

You have to wonder, who is this Smith guy connected to?

Tuesday, Feb 9 at 12:57 PM justin frenier wrote ...

Finally!!! I can't believe it took this long for something to happen. Nick was one of my good friends! Darelene you keep up the good fight, I wish there was something I could do to help!!

Tuesday, Feb 9 at 11:12 AM Kristen wrote ...

As Darlene's family we have seen the pain and heartache she has had to endure through not only the absence of the justice system, but there have been many other obstacles she has had to overcome. All decisions pertaining to HER son should have been left up to the one parent who truley loved him. In her case an absent father was able to step in and take that right away. This should never happen and hopefully she can do something about that too! We love you Darlene! Stay strong for Nick and your girls.

Tuesday, Feb 9 at 9:12 AM Nathan Dube wrote ...

Way to take things into your own hands Darlene! Justice will be served! RIP Nick.

Monday, Feb 8 at 8:14 PM Anonymous wrote ...

I was involved in a head on car accident in 2006 and was in the tram unit for 2 weeks the driver was 18 high and drunk.. it took almost 3 years to go before a judge. he got 1 year and a year house arrest.he wasn't hurt. never give up its a long process. The family is my prayers. Tara

Monday, Feb 8 at 8:14 PM Norm wrote ...

I posted this on my Facebook page to spread the word to bring this dirt bag to justice

Monday, Feb 8 at 8:12 PM Melissa wrote ...

I can't even believe a person like this would ever get back behind the wheel again, and that our judicial system has done nothing. Darlene you are an inspiration. This man MUST be brought to justice. My thoughts and prayers are with you and your family!

Monday, Feb 8 at 7:46 PM Brenda wrote ...

I cannot believe how unbelievable it is that he was just allowed to go about with his life without any ramifications and as if nothing changed..unreal. Never,never, never give up, you are an inspiration! (and a great mom and freind)

Monday, Feb 8 at 7:24 PM Melissa Kirby wrote ...

You go Darlene, justice for Nick is all we ask. It's pretty sad that the victim's mother has to do the court systems job. Darlene is a wonderful mother who's son will not be forgotten

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