PROVIDENCE -- After four nights at the state Training School, a Barrington teen was placed on home confinement yesterday, pending a pretrial conference on charges that he drove while impaired, fled from authorities at Colt State Park, slammed into a wall and pinned a pedestrian beneath his car on Dec. 29.
As he awaits the Jan. 22 pretrial conference, the 17-year-old Barrington High School student must turn in his driver's license and undergo a substance-abuse evaluation. He can attend school while on home confinement, but he is prohibited from playing any of the three sports he's involved with at school. The Robocuff voice-recognition system will call his house to make sure he is there when he is supposed to be.
"Where did he get the liquor?" Family Court Chief Judge Jeremiah S. Jeremiah Jr. asked during yesterday's hearing. "I'm curious."
Mark W. Dana, a lawyer representing the teen, replied: "Your honor, at this point, there's been no indication as to where the liquor has come from. I think there's further investigation on the part of the attorney general's department."
"Certainly your client would know," Jeremiah said.
Dana said, "Your honor, it's not been divulged at this time."
After the hearing, attorney general's spokesman Michael J. Healey said authorities are still investigating the source of the alcohol.
The teen, whose name has not been released publicly because of his age, is accused of fleeing when a Department of Environmental Management officer approached his car at Colt State Park in Bristol on Dec. 29, when the park was closed.
Prosecutors have said the teen drove down Colt Road and crossed 300 feet of grass before crashing into a wall on Poppasquash Road. Timothy Rockwell, 51, of Bristol, was walking home when the car came at him, he jumped to avoid it, and he ended up being pinned beneath the vehicle. Rockwell suffered a punctured lung but has been discharged from the hospital.
Prosecutors have said the police found a cardboard container for a 30-pack of beer in the car, with five full cans of beer in the container. Tests showed the teen had a blood alcohol content of .035 and .033, which is below the legal limit for driving while intoxicated but above the limit for driving while impaired as a juvenile, prosecutors have said.
On Thursday, Jeremiah had ordered that the teen be held at the Training School until yesterday's probable-cause hearing, saying he believes in sending juveniles to the Training School for up to five days when they're accused of eluding police.
During Thursday's hearing, the attorney general's office had recommended placing the teen on "strict home confinement" with the Robocuff system. But Jeremiah had accused state prosecutors of applying a "double standard," saying that a day earlier prosecutors had recommended holding another youth at the Training School although that case did not involve alcohol or injury. Prosecutors said the Barrington teen had no record, while the teen in the other case did have a record.
Also on Thursday, a lawyer for the teen had noted the state police released the boy and did not bring him to court on an emergency petition. In response, Jeremiah had said, "Just because the police department is stupid doesn't mean I'm going to be stupid."
Yesterday, before the Family Court hearing, state police Maj. Steven O'Donnell issued a statement from Col. Brendan Doherty, the state police superintendent, saying: "We are disappointed and troubled by the comments made by the chief judge of the Rhode Island Family Court."
Speaking for himself, O'Donnell said, "Believe me, the state police recognize the carnage on the highways. The men and women in this department see it on a 24-hour/7-day-a-week basis."
But, O'Donnell said, "We feel the state police acted properly in handling the incident in Colt State Park." And, he said, "It's unfortunate that a person that is held in the highest regard by law enforcement would make a comment like that. Our issue is not based on the decision the court made. We respect any decision of the court. Our issue is with the words the judge used to describe the state police."
During yesterday's hearing, Jeremiah said, "You know I respect the Rhode Island State Police. I think they're an outstanding outfit, but every once in awhile they make a mistake, and I may make a mistake. I'll admit to that, but it's very seldom I do make a mistake.
"It just confuses me," Jeremiah said, "the fact that usually in these cases when a child is arrested, particularly on the six charges, there's an immediate request [to] a Family Court judge to detain the youngster at the Training School until we determine whether he's a danger to himself or a danger to the community. And that wasn't done here."
Witnesses from the state police and Department of Environmental Management came to court yesterday, but they did not testify because both sides reached an agreement on the outcome beforehand.
Jeremiah said he had no objection to now placing the teen on home confinement. "Because we live in such a great country, there is a presumption of innocence in these cases," he said.
Jeremiah said the home confinement would be "subject to no sports, Robocuff, no driver's license and also counseling."
"He can only leave the house with his parents," the judge said. "If he's out at night with the kids and if he has any alcohol in his possession or marijuana, whatever it may be, he'll be put back immediately to the Training School."
The teen, who had left Thursday's hearing in handcuffs, left yesterday's hearing with his parents.
"We are just glad he is back with his family," Dana said. "And we are also very pleased the victim is doing much better and he's at home."
Dana said, "The message is being sent by Chief Judge Jeremiah: If juveniles drink alcohol, they are going to go to the Training School."
William V. Devine Jr., another lawyer representing the teen, said a plea agreement is possible, and the Jan. 22 pretrial conference will provide prosecutors with a chance to make a recommendation on how to dispose of the case.
|