Police: Cyclist at fault in crash that killed him

The final state police report regarding a fatal car-bicycle crash indicates a well-known radiologist broke the law when he made a U-turn in front of a driver whom prosecutors say was driving under the influence.

Dr. Ken Najarian, 60, of Charlotte was killed when his bike collided with a car June 17 driven by Holly J. Gonyeau, 36, of Ferrisburgh on Greenbush Road in Ferrisburgh.

“My conclusion is that the primary cause of this collision was due to the bicyclist (Najarian) attempting to conduct a U-turn in the roadway,” State Trooper Brett Flansburg wrote in a Vermont State Police report obtained by the Burlington Free Press.

Flansburg goes on to write Najarian was in violation of Title 23 VSA section 1139, the provision that covers riding on roadways and bicycle paths. The trooper notes the law states, among other things, “that the rider shall ride as near to the right side of the roadway as practicable.”

The crash happened about 2 feet left of center on the road, the state police said. Flansburg’s findings also are supported by the Vermont State Police Crash Reconstruction Team, the report stated.

Flansburg reported that Najarian and Gonyeau both were headed south when the 5:50 p.m. accident occurred. State Trooper Eden Neary, who interviewed Gonyeau, said she reported she was following another motor vehicle.

“Gonyeau stated the vehicle in front of her went into the northbound lane and passed the bicyclist on the left hand side. Gonyeau advised she drove into the northbound lane in an attempt to pass the bicyclist,” the police report stated.

“Gonyeau advised when the bicyclist turned his head he began to turn his bicycle to the left and attempted to make a U-turn in the roadway,” Flansburg wrote. The bicycle was broadside and about two feet left of the double yellow line when struck, police said.

“Gonyeau stated she had no time to apply her brakes,” Flansburg wrote. She appeared to be within the posted 35 mph speed limit.

She pleaded not guilty July 20 in Vermont Superior Court in Middlebury to a misdemeanor count of driving while under the influence.

Trooper Neary reported Gonyeau said she had one drink — “a can of Mike’s Tea” — after work. Gonyeau 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 blood alcohol content about a half hour after the crash.

She had 0.087 percent BAC two hours later when she took a court-approved breath test at the state police barracks in New Haven, records show.

Family wants answers

Burlington lawyer Ben Luna, who represents the Najarian family, maintained after Gonyeau’s arraignment that police misinterpreted state law. He said Najarian was entitled to his share of the road.

Luna, a former state prosecutor, could not be reached to discuss the new report released Monday.

Judge Robert Mello rejected two motions Monday filed by Luna the day Gonyeau was arraigned. Luna requested that the state police and other law-enforcement agencies be ordered “to hold and preserve all evidence related to the investigation until further order of the court.”

Luna also asked that an independent crash reconstruction expert witness be allowed access to the evidence and be allowed to photocopy or photograph evidence.

Mello ruled Luna failed to provide the court with any legal authority to grant the motions “by a non-party over the objection of a party.”

Luna said a state law allows “victims of crimes to be treated with courtesy and sensitivity by the court system and the state’s attorney’s office.”

He said the estate of Dr. Najarian and his wife “will seek to enforce their civil rights and remedies in this matter.”

Holly Gonyeau and her husband, Keith Gonyeau, a 15-year veteran with the Williston Police Department, went through bankruptcy earlier this year, federal court records show.

Attempts to reach Holly Gonyeau were unsuccessful. Her husband said questions should be referred to her lawyer, Brooks McArthur.

Luna indicated last month the Najarian family has retained Pearson Consulting and Investigations in Burlington to help with the independent review.

PREVIOUSLY:

State stands by less serious DUI count in bike fatal

Addison prosecutor continues review of fatal bike crash

Dozens ride for bicyclist killed in Ferrisburgh

Prosecutor awaits report on car-bike fatal

This story was first posted online on Aug. 3, 2015. Contact Mike Donoghue at 660-1845 or mdonoghue@freepressmedia.com. Follow Mike on Twitter at www.twitter.com/FreepsMikeD.