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.