Franklin S. Wimer
Marriages
Joyce
Obituaries
Vail Daily - July 1, 1999
Wimer remembered as ever the athlete
Athlete, businessman and philanthropist Franklin S. Wimer died June 19 in an auto accident near Vail. He was 63. Mr. Wimer was born May 1, 1936 to schoolteachers Frank and Eleanor Wimer in Elkins, West Virginia. Brains, discipline and a decent set-shot brought Wimer to Yale University, where he played basketball and graduated in 1958 with a BS in chemical engineering. In 1964, he earned a law degree.
A catalog of Wimer's ascent in the business world spans from selling chemicals to molding plastic doilies to home improvement, investment banking, oil and gas recovery, mergers and acquisitions, venture capital and franchise restaurants.
His titles ranged from senior management to senior executive, director and chairman of the board.
He also served as the CEO, president and principal owner of Unirock Mangement Company, arguably the leading merchant banking firm in the Rocky Mountain region, closing more than 100 transactions throughout the United States and Europe, totaling more than $1 billion.
In Denver, Wimer became president of the Rocky Mountain Lacrosse Foundation and a trustee of Colorado Outward Bound.
And through it all, he remained ever the athlete, sneaking in as many ski days as the snow allowed.
Wimer is survived by his wife, Joyce, and sons Ross, Paul, Karl and Brian. Joyce is recovering from injuries sustained in the automobile accident.
A memorial service will be held at the Gerald R. Ford Amphitheater at noon Thursday, July 1. In lieu of flowers, the Wimer family requests that friends consider contributing to the Franklin S. Wimer '58 Memorial Scholarship at Yale University. Send gifts to: The Director of Individual Giving, Yale University Office of Development, P.O. Box 2038, New Haven, CT 06521-2038.
Vail Trail
Plea bargain pulled in Vail Pass fatality
by Kathy Heicher
Prosecutors have withdrawn a plea-bargain offer to an Evergreen man whose aggressive driving style resulted in a fatal accident on Vail Pass in June of 1999. Vail resident Franklin S. Wimer, 63, was killed in that accident and his wife, Joyce, suffered serious injuries.
Court documents indicate the plea offer to defendant Don M. Messendick, 22, was pulled after it was discovered that he has been involved in yet another automobile accident during the past two years. The withdrawal of the plea bargain means Messendick will go to trial on charges of vehicular homocide and careless driving.
At the time of the 1999 fatal accident, a Colorado State Patrol investigator said Messendick was driving aggressively in order to get to a golf tee time. Another motorist had telephoned in a complaint about Messendick's driving moments before the fatal crash.
Last December, prosecutors and defense attorneys worked out the terms of a plea bargain in which Messendick pleaded guilty to the two charges. In exchange, prosecutors asked that he be sentenced to a work release program for six months, lose his driver's license for a year, and be placed on probation for five years. He would have also been required to participate in driving classes and lectures.
However, at the time that Messendick entered his plea, District Judge Richard Hart, noting that any case involving death is a serious concern, said he wanted to evaluate the pre-sentence report before agreeing to the plea bargain. Defense attorney Matt De Petro reserved the right for his client to withdraw his guilty plea if the sentence was to be altered.
Joyce Wimer, widow of the victim, said she was advised last month that a pre-sentence investigation revealed Messendick had been involved in another accident. She was unsure of the details.
"It sounds like he does not connect his actions with the consequences," said Wimer, "... it changed the whole complexion of the case."
Court documents indicate that a probation officer has recently recommended a more severe sentence, to address the reckless nature of Messendick's behavior.
A motions hearing is scheduled for May 2, and a five day jury trial has been scheduled for July 23.
Wimer indicated she is taking the deal in stride.
"I'm learning how to deal with non-closure," she said.
