State stands by less serious DUI count in bike fatal

MIDDLEBURY – The family of a doctor killed while bicycling believes the driver should face more serious criminal charges, but the prosecution and state police stood firm Monday that a misdemeanor count of driving under the influence is all the evidence supports.

Holly Gonyeau, 36, of Ferrisburgh pleaded not guilty Monday in Vermont Superior Court in Middlebury to a DUI charge, which carries a maximum penalty of two years in prison and a $750 fine.

Dr. Kenneth Najarian, 60, of Charlotte died at the scene of the crash on Greenbush Road in Ferrisburgh about 5:50 p.m. June 17. Vergennes Rescue tried to resuscitate.

Family and friends of Najarian and bicyclist enthusiasts have said they thought a felony charge of DUI with death resulting — which carries a possible 15 year prison term and a $10,000 fine — was the proper legal action.

According to state police, Gonyeau said — and the evidence shows — Najarian pulled a U-turn on his bike in front of her after another southbound car passed him.

"Gonyeau said she had no time to react as she had started to go around the bicycle when he appeared to try to make a U-turn in front of her," State Trooper Eden Neary said in a court affidavit.

Neary reported Najarian, who also was southbound, was struck two feet left of the double yellow line in the northbound lane. He was hit broadside, the veteran trooper said.

1 drink, 3 medications

Police said Gonyeau reported she had one drink — "a can of Mike's Tea" — after work. She also said she was on three medications: Xanax, Sertraline and Nortriptyline, court records show.

Neary said Gonyeau had a preliminary roadside breath test of 0.123 percent alcohol level about a half hour after the crash.

She had an 0.087 percent alcohol two hours later when she took a court-approved breath test at the state police barracks in New Haven after conferring with two lawyers, Sarah Reed and Brooks McArthur, records show. She declined to answer further questions.

Adult drivers are presumed under the influence in Vermont at 0.08 percent.

Judge Robert Mello released Gonyeau on conditions, including she cannot buy or drink any alcohol beverages while the case is pending.

Gonyeau, who was a secretary and accountant for Yandow Sales and Service on the day of the crash, had requested a lawyer at taxpayer expense. Mello rejected the request after reviewing a sworn affidavit showing income and expenses for her and her husband, Williston Police Officer Keith Gonyeau, a 15-year veteran of the department.

The couple had gone through bankruptcy earlier this year, federal court records show.

Gonyeau told the Burlington Free Press she had no comment for the public or the Najarian family, as she walked out of the Frank Mahady Memorial Courthouse.

Filing the charge

Addison County State's Attorney David Fenster and Vermont State Police Lt. Garry Scott, the head of the department's crash reconstruction team, said the misdemeanor was proper based on the law and evidence.

Fenster said his office took extra time before filing the charge and conferred with both the Vermont Attorney General's Office and also with a state prosecutor, who specializes in DUI cases.

Fenster, a state prosecutor for 171/2 years, including almost six as state's attorney, responded with one of his deputies to the scene the night of the crash.

If new evidence is uncovered Fenster said he would be willing to consider upgrading the charges.

The Najarian family has retained Burlington lawyer Ben Luna, who worked for five years as a deputy state's attorney in central and northeast Vermont.

Luna said the family is having an independent investigation of the crash conducted.

Luna said the family is "distraught" and discouraged" by the lack of a felony charge.

He said he found the affidavit "troubling" by blaming Najarian.

"Vermont law says a cyclist riding on a narrow roadway, has the right to take the lane. This was not Dr. Najarian's fault," Luna said.

He said Vermont cyclists "will be concerned and dismayed" with only a misdemeanor charge.

Damage to the right front bumper of Gonyeau's 2013 Chevrolet Cruze was from the rear axle of the bike, Trooper Brett Flansburg reported. He said the damage to the hood was caused by the left pedal.

Lt. Scott said investigators believe her impairment did not play a role.

"We don't believe it had a role other than she was impaired. As far as the collision itself that did not have a factor in this," he said.

"Even a person not impaired would not have been able to react. It happened very quickly," said Scott, who has been involved in more than 200 accident reconstruction cases.

PREVIOUSLY:

Addison prosecutor continues review of fatal bike crash

Dozens ride for bicyclist killed in Ferrisburgh

Prosecutor awaits report on car-bike fatal

Contact Mike Donoghue at 660-1845 or mdonoghue@freepressmedia.com. Follow Mike on Twitter at www.twitter.com/FreepsMikeD.