Elizabeth Murray

Free Press Staff Writer

A man accused of murder following a crash that killed five teenagers was wheeled into a makeshift courtroom Friday at the University of Vermont Medical Center in Burlington, where he has been receiving treatment.

A conference room at the hospital was transformed into a courtroom for the arraignment of Steven Bourgoin, 36, of Williston. A Vermont State Police lieutenant and a hospital worker helped wheel Bourgoin on a hospital bed into the room, where the suspect kept his eyes closed, remained silent and moved little.

During the hearing, Bourgoin's lawyer Bob Katims entered pleas of not guilty to seven charges — five of second-degree murder, one of driving a Williston police cruiser without permission, and a final count of reckless or grossly negligent driving.

At Katims' request, Judge James Crucitti ordered Bourgoin undergo competency and sanity examinations. Chittenden County State's Attorney T.J. Donovan said after the hearing that the state believes Bourgoin is competent.

Crucitti also ordered that Bourgoin be jailed without bail.

Bourgoin is accused following multiple crashes late Oct. 8 on Interstate 89 in Williston. Police have said Bourgoin caused the fatal crash while driving his Toyota Tacoma the wrong way on I-89 southbound and then stole a Williston police cruiser, eventually crashing into about seven more cars.

The teenagers killed in the crash have been identified as Eli Brookens, 16, of Waterbury; Janie Cozzi, 15, of Fayston; Liam Hale, 16, of Fayston; Mary Harris, 16, of Moretown; and Cyrus Zschau, 16, of Moretown. All except Cozzi were students at Harwood Union High School. Cozzi attended Kimball Union Academy in New Hampshire and also was considered a member of the Harwood Union community.

Katims told the Burlington Free Press on Friday that he met with Bourgoin for the first time just before the hearing, and developed reason to believe that the suspect is not mentally competent. Katims declined to elaborate on what brought him to the conclusion about Bourgoin's level of competency. However, he said further proceedings in the case would be on hold until that examination could be completed.

"Obviously this is a horrible tragedy," Katims said.

When asked if Bourgoin was aware of what happened during Friday's proceeding, Katims said, "This morning, as you could see in the court, he was unresponsive."

Donovan said the state believes Bourgoin acted with "wanton disregard for the value of human life," which is why prosecutors brought charges of second-degree murder. He said the case is a top priority for his office.

"His conduct exhibited extreme indifference to the value of human life, and he disregarded the risk and the likelihood that death or serious bodily injury would occur," Donovan said. "This was an extremely dangerous act."

A question of mental health treatment

Court papers show Bourgoin visited the University of Vermont Medical Center the morning of Oct. 8 three times in about two-and-a-half hours. He was seen by a physician's assistant and was referred to the Howard Center, an affidavit states. The Howard Center told police they had been called but did not screen Bourgoin, according to court papers.

Donovan said Friday it is now unclear whether Howard Center was, in fact, called by the hospital. Donovan, who sits on the Howard Center board, said police are still investigating that part of the case.

"This is an ongoing investigation, I want to stress that," Donovan said. He added, "We're going to obtain all the necessary documents we can. We're operating in an environment where there are privileges and confidentiality protections in order to answer those questions."

Donovan said it is also unclear why Bourgoin visited the emergency room that morning. Court papers show that a search warrant executed at Bourgoin's house turned up a notice of foreclosure, a note from the gas company saying service would be shut off for lack of payment, medical bills and legal paperwork regarding pending criminal and civil cases. Police also found a notice from the homeowner's association detailing a lien that would be placed on the home over unpaid association dues

"I can't speculate as to what Mr. Bourgoin was thinking that day," Donovan said. "What we know is Mr. Bourgoin was under financial stress, he left his job voluntarily that Friday before, there was the ongoing custody case in which they awarded the custody to the mother of the child, there was the ongoing criminal case. ... I think it's fair to say a lot was going on with Mr. Bourgoin."

The Howard Center has said it is cooperating with the investigation, but has declined to answer any further questions. Donovan said the organization has been in contact with his office and with police.

"Our efforts are directed towards ensuring that the facts of this case are determined and shared in a manner that is respectful of the victims’ families and others impacted by this tragedy," the organization said in emailed remarks this week.

Katims said his defense team has yet to receive hospital records from Bourgoin's visits to the emergency room that Saturday.

"This is a case where there was something going on that caused Mr. Bourgoin to want to be treated at the hospital prior to this event, and that remains an unknown at this point," Katims said.

The police officer who responded to the first crash told an investigator that Bourgoin has post-traumatic stress disorder but did not elaborate. Bourgoin served in the U.S. Army at Fort Benning, Georgia, from August to November 1999, the Army says. Katims declined to comment on whether Bourgoin has PTSD or if he has shown signs of being suicidal.

Donovan also would not say Friday whether his office believes Bourgoin was or is suicidal. The motion to hold Bourgoin without bail states that Bourgoin has shown "clear signs that he may make future attempts at taking his own life during the pendency of this case."

"Given the Defendant's prior thoughts and further actions to put the entire community at risk, while taking the life of five teenagers, the State submits that no conditions of release, or combination of conditions of release, can ensure the safety of the public from Defendant at this time," the state wrote in the motion.

Crash investigation ongoing

Witnesses have told police they saw a Toyota Tacoma truck traveling southbound on I-89 on Oct. 8, and the car conducted a three-point turn and began to head the wrong way. Several cars headed south pulled off the road and honked their horns at the truck, court papers show.

Police said Bourgoin's Tacoma crashed into the Volkswagen Jetta with five teenagers inside. The Jetta came to rest in the median and burst into flames. An examination of the car showed the brake pedal was pressed as the truck hit the Jetta at almost 76 mph.

A witness who came upon the aftermath of the crash that killed the teens told police he saw a man who appeared "very distraught" and nervous near the pick-up truck that caused the crash, according to court papers.

"I don't know what happened," the man said, according to the witness' account. "I just lost control."

Donovan said Friday that police continue to investigate whether Bourgoin swerved to hit the Jetta or was already in the same lane. The prosecutor also said police are looking into whether Bourgoin had the Tacoma's lights on.

Williston Police Officer Eric Shepard was first on scene and rushed toward the Jetta to try to extinguish the flames and save the car's occupants. Shepard then noticed his cruiser rolling away and heading south on the highway, court papers show.

“Who’s in my car? Someone just stole my car!” Shepard yelled.

Police said Bourgoin headed back north in the southbound lanes of the highway after encountering a Richmond police officer. Shepard is credited with saving lives when he yelled for bystanders to clear the highway as Bourgoin approached in the police car.

Bourgoin was thrown from the car when he hit the Tacoma and then seven other vehicles. Police determined the cruiser's speed was increasing from 95 mph to 107 mph as he approached the scene of the first wreck. The brake was not engaged.

Bourgoin faces 20 years to life in prison on each murder count if convicted. Donovan said if evidence uncovered merits further charges, his office will consider them.

Bourgoin is in the custody of the Department of Corrections at the UVM Medical Center. He was listed in good condition Friday.

State v. Steven Bourgoin affidavit for probable cause

Five high-schoolers dead after I-89 crash

Contributing: Associated Press. This story was first posted on Oct. 14, 2016, and has been updated. Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurraySMC.

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