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Car hydroplaned on Rte. 2A in Williston, collided with another car, whose driver suffered a broken neck
By Mike Donoghue, Vermont News First
A Milton woman has pleaded not guilty in Vermont Superior Court to two felony charges of gross negligent operation – one with death resulting and the other with injury resulting – during a two-vehicle crash in Williston last month.
Shaina Levesque, 28, of River Street was released from criminal court on strict conditions, including that she not drive any car, truck, motorcycle or other motor vehicle on a public highway.
A front seat passenger in her car, Andrew Marshall, 30, of Milton was pronounced dead at the scene by an emergency room doctor, who was passing by, Williston Police said.
Marshall received blunt force trauma to the torso and head, including skull fractures and fractured ribs, according to an autopsy by Dr. Kathleen McCubbin of the office of Vermont’s Chief Medical Examiner.
Levesque failed to control her 2017 Toyota Corolla and it hydroplaned on rain-soaked Vermont 2A near Butternut Road about 6:35 p.m. Aug. 8, Williston Police said. It was raining at the time when it crossed the double yellow center lines, police said.
Witnesses reported Levesque’s northbound car spun sideways and the passenger side struck a southbound truck, Officer Bradley Miller said in court papers.
State Judge Michael Harris ruled that a sworn affidavit from Williston Police did not include enough information for him to find probable cause for two other felony charges of driving while impaired, records show.
Deputy State’s Attorney Kelton D. Olney had tried to file charges of driving while under the combined influence of alcohol and drugs to cause the death of Marshall and to cause serious injuries to Kathleen Carty-Couture, 58, of Hinesburg, court records show.
Carty-Couture, the second driver, received multiple injuries, including a broken neck in the crash, police said.
It was unclear if police would re-file a new affidavit once the results of Levesque’s blood test are known.
Carty-Couture reported that when the oncoming car spun sideways, she tried to avoid the crash, but could not stop in time and could not take evasive action because her lane was blocked, Miller reported.
Officer Miller reported the investigation revealed an open cooler with several 12-ounce Truly alcoholic seltzers, along with three empty containers in the trunk.
Williston Rescue personnel, who transported Levesque to the UVM Medical Center, reported they detected the odor of intoxicants, court records show.
Miller said he interviewed Levesque at the hospital and she reported they were returning home to Milton from Bristol Falls. She sustained a broken back and left arm, police said.
Miller said he also smelled a faint odor of intoxicants and Levesque’s eyes were watery and bloodshot.
Levesque also reported she had smoked marijuana earlier in the day, but had to ask family members how much, according to Miller’s affidavit. They were not able to provide an answer, but Levesque later reported two hits and said she was a daily smoker of marijuana, Miller said.
Levesque maintained she had only one alcoholic drink shortly before 5 p.m., Miller wrote. She also said she had taken Adderall and Fluoxetine that morning, Miller noted.
Levesque attempted to provide a preliminary breath test, but could not give a full breath, Miller wrote. He said she still registered a 0.34 percent at 9 p.m..
After more review Miller, who is a certified drug recognition expert, said he suspected she was under the influence of drugs and alcohol and requested a blood test, records show.
Levesque initially agreed to the test, but as hospital staff prepared to draw the blood, she backed out, Miller said. He successfully applied to a judge for a search warrant to draw the blood, which was eventually taken about 11:38 p.m., about 5 hours after the crash, police said.
The blood results were unavailable when she was in court.
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Categories: Crime
The alcohol percentage reported on beverage containers must be very inaccurate these days. I see so many cases of people who claim to have had only 1 beer or wine come in at .34 percent…very puzzling.
This one belongs to LT Gov Zuckeman and his advocacy for legalizing marijuana.
I guess we were running short on alcohol deaths on the roads. Great to have this as a backup plan.
There will be more. Should we thank him in advance?
Weed is quoted in the headline, but there was obvious evidence of alcohol use with empties on board and a rather substantial result of a breath test. The blood test may reveal evidence of weed use, but she also admitted to using Adderall and Fluoxetine, a powerful SSRI antidepressant with numerous known side effects. Ultimately, if the accident was due to loss of control by hydroplaning, it could also have been due to worn tires, excessive speed for the conditions and a general lack of driving skills.
There are plenty of reasons to criticize LtGov Tampon Dave, but his advocacy for legalization is one that I will grant him admiration. The number of drivers using weed has likely not changed much since then.
Sorry Rich but adding to the chemicals on the road -in any manner or avenue -puts us all at risk. We can equivocate and rationalize the source but reduction and not addition should be the objective.
While I appreciate your opinion, our LT Gov did his best to add. None of us are safer for it
Additionally, since traffic laws are not being enforced with the regularity that they once were, has anyone noticed the increase in scofflaws who are texting or talking on a phone while driving? A little wine, a little weed, a little texting of plans for the coming weekend… Talk about being distracted. Vermont’s roads have never been less safe. Happy motoring…
The Right Mark
Yes, Mark. I have noticed the number of scofflaws driving while texting and talking on the phone. Far from not hiding it, they seem to be actually flaunting it, like it was their “human right” to jeopardize everyone else on the road while they indulge their selfish, imbecilic need to be in constant contact with whatever idiot mistakenly thinks their attention is needed while driving. It’s a pathetic phenomenon, and probably the worst affliction in history. People are addicted to the constant narcissistic stimulation provided by “smart” phones. The end of rational humanity.
Why didn’t your headline point out that the driver was also a pill popping boozer?
I’m guessing the writer and editor here have a particular grudge against the reefer
Every Vermont car accident the drivers of both cars should have bloodwork drawn immediately for a drug screen to test for all drugs including ADHD and Prozac drugs, hard drugs, alcohol and yes, pot because the later you wait the more obscured the results becomes and the driver can then say see, it’s normal or it wasn’t that high and I’m not to blame. I want to know at the time of the accident what drugs were on board, the readings of said drugs with normal and high ranges to establish if on their own or a combination of drugs or interaction between drugs played a big part in the driver’s inability to control the car causing the accident with a death resulting and if charges of vehicular manslaughter need to be attached.
Catch…slap on the wrist…release to cause further deaths with pot…the bleeding heart attorney general Clark path of justice…crush her at the polls…