Judge Orders Probation For Man Who Hurled Book That Injured Two Cyclists

Published: Nov. 23, 2004 at 6:40 PM EST|Updated: Mar. 26, 2009 at 2:28 PM EDT
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(LOUISVILLE, November 23rd, 2004, 4 p.m.) -- "Understanding" from Papa John's founder John Schnatter and a local cyclist helped a Louisville teenager find leniency in court for throwing a book from a moving vehicle that caused both men to crash while riding their bicycles.

Prosecutors recommended a 3-year sentence for Kevin Marlett after he threw a book from a car window that hit Schnatter and another cyclist, Curtis Tolson.

The judge sentenced Marlett to five years probation and 200 hours of community service. Marlett's attorney, David Benson, credits the lighter sentence to the victims' forgiveness and support. "The victims, to their credit, John Schnatter and Mr. Tolson, were both very understanding, forgiving and patient men. We really appreciate their contribution to giving these guys a second chance."

Tolson said Marlett "gave me what I consider a genuine apology. I just don't think he understood the damage he could do."

Tolson suffered a fractured collarbone in the assault, but has since recovered enough to return to cycling again, although he does have a civil suit pending.