BURLINGTON, Vt. (AP) – A man who lost his driver’s license for life after his third drunk driving conviction pleaded not guilty Monday to a fourth DUI charge for an Interstate 89 crash that killed a passenger in another vehicle.
Shawn Burritt, 32, of Jericho, in chains and wearing a blue jumpsuit, didn’t say anything during his seven-minute appearance in Vermont District Court. He waved to his mother and stepfather as he was led out of the room. He was ordered held without bail.
Friends and family of victim Nicholas Fournier, 18, filled two benches in the courtroom. Some sobbed openly and clung to one another in the hall after Burritt’s arraignment. They left the courthouse without speaking to reporters.
“Our hearts go out to the victim’s family. We are going to do the best we can to hold the defendant accountable and see that justice is served,” said Chittenden County Deputy State’s Attorney Paul Finnerty. “There are some people that as long as there is alcohol and there are motor vehicles they are going to drink and drive.”
Police say that just after midnight Saturday morning Burritt drove his 1989 BMW southbound in the northbound lane of Interstate 89 in Colchester and collided with a Volvo carrying five young men headed home to Franklin County.
Fournier was a back seat passenger in the car. A police affidavit said most of the damage to the vehicle was on the rear passenger-side door, where Fournier had been sitting.
Finnerty said the driver of the northbound car carrying Fournier, Cole Johnson, 18, of Enosburg, did his best to avoid the collision by turning left into the median, while the southbound Burritt turned right at about the same time.
“They had a designated driver. There’s no allegation or evidence to support the operator of the Volvo was in any way impaired,” said Finnerty.
Court documents say that after the crash Burritt left the scene and was captured moments later by Winooski police in the parking lot of a fast food restaurant. Burritt later gave police a blood sample, but the results were not available Monday, although he told police he had consumed eight or nine beers at a Colchester bar, the documents said.
Burritt is charged with a fourth offense drunk driving death resulting, gross negligent operation of a motor vehicle death resulting, leaving the scene of a fatal accident, operating while under suspension and violating the conditions of his earlier release.
Each of the first three charges carries a maximum sentence of 15 years in prison.
Burritt has a long history of driving while intoxicated. Court documents said he was convicted of DUI in 1996, 1998 and 2006. After the 2006 conviction his license was suspended for life.
Burritt’s most recent court appearance came in August when he was arrested in Franklin County for driving with a suspended license. One of his conditions of release in that case was that he not drive.
Chittenden County State’s Attorney T.J. Donovan said he didn’t know why Burritt wasn’t sent to jail after the August case.
“This whole system is based on incentives and sanctions,” said Donovan. “When you violate your probation, when you violate your parole, your furlough, you should be brought back in to jail. That is a necessary and required sanction.”
Corrections Commissioner Rob Hofmann said Monday that earlier this year Burritt had successfully completed an intensive substance abuse program.
“He maintained regular appointments with his probation officer. He did not have driving privileges. He was employed,” Hofmann said. “All indications are that the parole officer handled the case appropriately.”
Fournier graduated last spring from Missisquoi Valley Union High School in Swanton. He was a standout athlete who ran cross-country and played baseball and basketball.
At the time of his death Fournier was working as an apprentice plumber and hoping to get an associate’s degree and master plumber’s license.
“If you’d never met him and you were part of something he was a part of, you’d remember him,” said Principal Chaunce Benedict. “He was that kind of person. He had a warmth. He was outgoing, funny, had a great sense of humor. He really connected with people.”
AP-ES-11-19-07 1650EST
Send questions/comments to the editors.
