Rhode Island news
Teen sent to training school after crash
The Barrington boy is accused of fleeing the police, hitting a pedestrian and driving while impaired.09:59 AM EST on Friday, January 4, 2008
PROVIDENCE — A clearly frustrated judge yesterday ordered that a Barrington teenager be held at the state Training School until a hearing Monday, noting the boy stands accused of fleeing authorities at Colt State Park before slamming his car into a seawall and pinning a pedestrian beneath the vehicle.
The case marks the latest in a string of incidents involving Barrington teens, alcohol and either injury or death.
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Family Court Chief Judge Jeremiah S. Jeremiah Jr. said he believes in sending juveniles to the Training School for up to five days when they are accused of eluding police officers. “I believe in respecting authority,” he said.
The attorney general’s office had recommended placing the teen on “strict home confinement” that would include Robocuff, a voice-recognition system that would place calls to his home to make sure he’s there.
But Jeremiah accused state prosecutors of applying a “double standard,” saying that a day earlier they’d recommended holding another youth at the Training School in an unrelated case that did not involve alcohol or injury.
William V. Devine Jr., a lawyer representing the Barrington teen, argued against holding the boy at the Training School, saying he has a supportive family and no record. “He is not a danger to the community nor to himself, your honor,” he said.
Jeremiah said, “The guy who drives and drinks and speeds and eludes a police officer is not a danger to the community?” Devine said, “Well, that is the state’s version of the events, your honor.”
Devine said the teen has a 3.5 grade point average and no disciplinary issues. “I think that holding this individual would not do any good to the system, for him, for his family, or for the victim,” he said.
Also, Devine emphasized that the state police had released the boy and had not brought him into court on an emergency petition.
Jeremiah said, “Just because the police department is stupid doesn’t mean I’m going to be stupid.”
Family Court judges can hold juveniles at the Training School for up to five days if they decide that teens pose a danger to themselves or the community. A hearing is then held to determine if there is probable cause that a crime was committed and the juvenile committed it.
Jeremiah concluded yesterday’s hearing, saying, “I find he’s a danger to the community. He’ll be detained the Training School. Probable cause hearing Monday.”
As his parents looked on, the boy, who wore a tie and a corduroy jacket, was handcuffed and led from the courtroom.
The 17-year-old, whose name has not been made public by authorities, is accused of fleeing when a Department of Environmental Management officer approached his car at Colt State Park in Bristol on Saturday, Dec. 29, at about 8:15 p.m., when the park was closed.
In court yesterday, Assistant Attorney General Jay Sullivan said the teen drove down Colt Road and over 300 feet of grass before crashing into a wall on Poppasquash Road. A Bristol man who was walking home jumped to avoid the car but “was struck partially by the vehicle and landed underneath the vehicle,” he said. The car landed “on his arm, puncturing his lung, as the vehicle was teetering along the wall,” he said.
The police found a cardboard container for a 30-pack of Bud Light beer in the car, with five full cans of beer in the container, prosecutors said. The police also found marijuana in the glove compartment, prosecutors said.
Breath tests showed the teen had a blood alcohol content of .035 and .033, Sullivan said. Motorists with blood alcohol content of more than .08 can be charged with driving while intoxicated, but youths can be charged with driving while impaired if their blood alcohol content is higher than .02, prosecutors said.
The teen has been charged with driving to endanger with injury resulting, eluding a police officer, driving while impaired, destruction of state property, unlawful possession of alcohol by a minor and possession of marijuana.
After Sullivan recommended home confinement, Jeremiah said, “Evidently, your department has a double standard because yesterday we had a youngster who was in an accident…”
When Special Assistant Attorney General Michael J. McCarthy rose to address that point, Jeremiah said, “Sit down, Mr. McCarthy.” The judge said the teen in the other case “hit three cars, but he didn’t have any alcohol in the car. He had no marijuana in the car.”
Prosecutors said the other teen had a record while the Barrington teen did not.
Jeremiah said, “My theory is five days at the Training School for probable cause when they elude a police officer.” And he said, “I can’t understand the attorney general doing a double standard, and that’s what he’s doing, and you may tell him I’m very critical of him for doing so.”
After the hearing, Attorney General Patrick C. Lynch said, “I can only assure you that to draw any comparison between the two cases is at best disappointing and at most outrageous. But knowing the passion of Judge Jeremiah, I think it demonstrates the frustration, if not the outrage, that he feels and that I feel about” teen drinking-and-driving incidents in Barrington and across the state.
The home-confinement recommendation was consistent with how prosecutors have handled similar cases involving juveniles with no records, Lynch said. “I admire Judge Jeremiah and understand his frustration,” he said. “But he should direct it at those who drink and drive, not prosecutors.”
After the hearing, Mark W. Dana, another lawyer representing the teen, said, “The family remains concerned about the alleged victim’s well-being.”
The alleged victim in the case, Timothy Rockwell, 51, of Bristol, said last night that he was “both glad and lucky to be alive, also glad to be discharged [from Rhode Island Hospital] and home with my family.”
With reports by staff writer C. Eugene Emery Jr.
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