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Newbury Resident Convicted of Grossly Negligent Operation

November 30, 2023

The Attorney General’s Office today announced that David Gilbo, 39, of Newbury, Vermont, was convicted of one misdemeanor count of Grossly Negligent Operation for an accident that caused the death of David Elder.

On September 10, 2017, David Elder was working on underground storage tanks near the gas pumps at P&H Truck Stop in Wells River, Vermont, where Mr. Elder was an employee. Mr. Gilbo stopped at P&H Truck Stop for gas, and as he was leaving the gas pumps, he turned and accelerated his Toyota pickup truck rapidly through Mr. Elder’s work area, striking and killing Mr. Elder. A Vermont Occupational Safety and Health Administration (VOSHA) report later opined that the employer had not taken proper steps to ensure Mr. Elder’s work area was safe.

At the hearing today in Washington Superior Court, Judge John Pacht presiding, the State of Vermont and defense counsel for Mr. Gilbo asked the Court to accept a plea agreement. Before sentencing, the Court heard victim impact statements from David Elder’s family as well as a brief statement from Mr. Gilbo apologizing to the family.

In accepting the plea agreement, the Court sentenced Mr. Gilbo to 0-2 years, all suspended, and two years of probation with conditions requiring alcohol and anger management screenings, and that Mr. Gilbo follow any treatment recommendations that arise from those screenings. Additionally, Mr. Gilbo must complete a driving safety course, complete 40 hours of community service, pay restitution, and engage in restorative justice programming. Mr. Gilbo is not allowed to have contact with Mr. Elder’s family without their written consent, or unless it is through a restorative justice program.


Contact:     Lauren Jandl, Chief of Staff, 802-828-3171