An Independence, Missouri, man will serve jail time and be placed on probation for causing a crash that killed a Johnson County teen.
On Monday, Darrin Boomershine entered a guilty plea in Johnson County District Court to a misdemeanor vehicular homicide charge.
Immediately after pleading, he was sentenced by Judge Timothy McCarthy to 12 months of probation with a 12-month underlying jail sentence if he violates its conditions, as well as 60 days in jail, as part of the plea agreement.
Three other charges, including registration violation, violating motor carrier statutes and following too close, were dismissed.
Boomershine caused a fatal pile-up
At about 6:45 a.m. July 26, 2023, Will Ensley, 17, was driving to swim practice when his vehicle was struck from behind by a dump truck driven by Boomershine near Metcalf and 115th Street in Overland Park.
The crash ultimately included nine vehicles traveling southbound on Metcalf just past College Boulevard, Overland Park police said.
Ensley was taken to a local hospital in critical condition immediately after the crash, where he later died.
The victim was a star athlete
About 50 people crowded the courtroom in support of Ensley, a star swimmer at Shawnee Mission Northwest High School, as well as his family, parents Sharon and Randall, and brother, Jack Ensley.
Entering into his senior year, Will Ensley was at the start of a promising athletic career, including recently setting a school record with his split time in the 50-meter breaststroke relay event and finishing seventh in the breaststroke at the 2023 Kansas Class 6A state swimming and diving meet.
“Will was an amazing swimmer, and he had a future, not just in the pool,” Brenda VandenBos, a friend of the family, said during the hearing. “I think about all the things that aren’t going to happen because Will’s not here.”
Friends and family wore pins with Will Ensley’s photo, as well as shirts from a memorial invitational swim meet, bearing a quote that he lived by: “Stand for what’s right, even if you have to stand alone.”
Will’s father spoke of pain, anger with his death
Detailing the day Will died, Randall spoke of an average Wednesday that changed quickly.
“How could this have happened to Will?” Randall said. “Will and I cooked dinner together the evening prior, and we had all woken up to a regular, run-of-the-mill Wednesday morning. Now it was Wednesday evening, and Will was never coming home.”
Going over the specifics of the crash, Randall said he imagines the pain and fear Will must have felt.
“Will was boxed in and had nowhere to go,” he said. “As his father, I feel the terror he must have felt in those moments.”
Disagreeing with the plea agreement, Randall asked the judge for a harsher sentence.
“This isn’t some trivial matter. The defendant recklessly killed this young man, and there should be real consequences for that,” he said. “The defendant was a CDL holder and he should be held to a high standard due to his training, and more importantly, the responsibility he had to public safety while operating his vehicle.”
Friends spoke of the effect Will had on them
Being the mother of Tyler VandenBos, one of Will’s best friends and a fellow swimmer, Brenda VandenBos said she watched him grow as both a person and an athlete.
“Will was truly the kindest man. He was sweet and strong,” she said. “He knew who he was and…he didn’t alter who he was. He didn’t succumb to peer pressure. He loved his friends.”
Another friend, Zachary Barker, said Will saved his life by spending time with him while Barker was going through a difficult time. After Will’s death, Barker was welcomed into Will’s circle of friends.
“Luckily for me, Will had himself a very small group of friends that brought me in,” he said. “Through him, I’ve now made some life-long friends, rekindled an old friendship, and even found myself in my first relationship. I just wish he could be a part of it all.”
Boomershine and his lawyer defended themselves
Following statements from Will Ensley’s friends and family, Ryan Ginie, Boomershine’s attorney, spoke of his client’s remorse and empathy for Will’s loss.
“I’ve had conversations with (Boomershine). I’ve seen him defeated, in tears,” Genie said. “He says to me that he would, if he had the opportunity, trade places with Will in a heartbeat, and I truly believe my client would.”
He also said that Boomershine wanted to take the plea agreement to avoid a trial and won’t be able to resume his former line of work again.
“My client worked as a driver in the construction business all his life. He lost his job, and no one will hire him at this time. He will never be driving a commercial vehicle with a CDL again,” he said. “He further agreed to pay restitution to the family to the very dollar amount that they’re in pocket.”
In a short statement, Boomershine expressed his remorse for Will’s death.
“I’d like to express my deepest apologies for what’s happened in this accident,” he said. “I can only imagine the pain and sorrow that I caused. By the turnout today, I can tell that Will was a loved man. I can’t sit here today and expect everyone not to be mad at me.”
He added: “I just want for everyone to keep in mind that this was an accident.”
The judge considered words from both sides
After hearing both sides, Judge McCarthy expressed his sympathies, but agreed that he would follow most of what was agreed with Boomershine’s plea.
“Prosecutors bring charges. It’s not in the power of a judge to bring charges in particular cases,” he said. “This case is charged as vehicular homicide, a misdemeanor. As everyone knows, there is a maximum sentence of 12 months in the county jail to that sentence. I don’t think that’s going to bring any consolation, nor is wrongful death lawsuits or settlements.”
One deviation McCarthy made was changing Boomershine’s suggested 30-day jail sanction to 60 days, the maximum amount of time a judge can impose. It includes him being part of a work-release program, if he is accepted.
Boomershine will also have to pay the Ensley family about $92,000 in restitution.
Ensley family was touched by turnout
Following the judgment, people gathered outside the courtroom to exchange hugs, share their condolences and photos of Will.
While Sharon Ensley said the family wasn’t satisfied with the judgment, they were happy that extra jail time was added.
“We were happy that there was some movement,” she said. “It’s still not fair, but it’s better than expected.”
Seeing all the people that were there for them in court, Sharon Ensley added that she was touched by the response.
“We have so many good friends and family and neighbors and team members and everything,” she said. “We know they support us, but it’s good just to have them here with us today.”
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