Crime & Safety

Person Who Confessed to Fatal Hit-and-Run Won't Be Prosecuted

Despite a long-awaited confession from the guilty party, the state's statute of limitations has expired on possible prosecution in the case.

The book will soon be closed on a fatal hit-and-run incident that took place in Enfield 13 years ago, but it will bring no closure to the family of the teenage victim.

John Stewart, 19, was struck by a vehicle on Route 5 in the early morning hours of Nov. 17, 2002. He was discovered lying in the snow on the side of the road by a passerby around 6 a.m. that morning and was transported to Baystate Medical Center in Springfield, where he died.

Police were able to ascertain that the vehicle was a red Jeep Cherokee, but were unable to determine who actually struck and killed Stewart.

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Despite rewards offered at the time for information leading to the guilty party’s arrest and conviction, no arrest was ever made.

Fast forward to last Friday, Dec. 11. Stewart’s father Brian posted a lengthy note on a Facebook page established in his son’s memory. Excerpts from the post follow:

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“I’m going to start off by staying that I got a call from the Enfield Police Department [Friday]. They requested that I go in to talk to them in regards to information they had obtained regarding John...We were told they had information regarding John’s case that they needed to tell us. We dropped everything, adrenaline pumping, in hopes for some good news – some answers - some justice. We arrived, only waited maybe two minutes for them to come get us. Walked down to the police chief’s office, there were brief introductions, we sat down, surrounded by tension that made it hard to breathe.

They told us that the responsible party came forward! The responsible party admitted to the crime! The responsible party wrote and signed a confession! This is great news, right? They can arrest the responsible party, right? John is finally getting his justice, right?

Wrong.

The numbness that has overtaken me the past 13 years got deeper, the walls of the office got closer as the room closed in around me, as I heard them tell me that chances are the responsible party may very well walk free. No punishment, no shame, no accountability. Apparently, back in 2002, the statute of limitations on the crime committed was five years.

In 2012 there was a law passed that changes the above referenced law resulting in the statute of limitation never running out. We are waiting now for the police department’s attorneys. With some luck they can find a way to make this new law apply to John’s case, as the wording of this law leaves gray area. Unfortunately, we are told not to get our hopes up.”

Tuesday morning brought the news the family did not want to hear. The chief state’s attorney’s office determined that the rewritten law does not pertain to Stewart’s case, as it cannot be applied retroactively.

Police Chief Carl Sferrazza said when the lead detective working on the case returns in a few days, the case will officially be deemed closed.

“Unfortunately, it’s the law,” he said.

The family was notified of the ruling Tuesday morning, Sferrazza said.

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