Steven Bourgoin is facing five counts of second-degree murder for the crash on Interstate 89. He is pleading not guilty.
The reports, filed with the DMV by law enforcement after an accident, provide some details about a crash, including a summary of toxicology results.
However, according to Lt. Garry Scott, commander of crash reconstruction for the Vermont State Police, such a report has not been filed with the DMV in this case.
He said law enforcement completed a review of the collision, which has been turned over to prosecutors as part of the criminal case. Two reconstruction specialists put together a report “that is very thorough and very complete,” he said.
Scott said the lack of a crash report with the DMV relates to a determination by police early on that the collision was a deliberate criminal act, rather than an accident, he said.
“We knew within the first 24 hours that we had a different case here,” Scott said.
“It’s still going to all come out during the course of the trial and court hearings,” Scott said.
Scott also said the five teens will not be included in the tally of fatalities on Vermont’s roadways, a decision also reflecting the police’s belief that the October crash was not an accident.
Bram Kranichfeld of the Chittenden County state’s attorney’s office confirmed that prosecutors had received a report about the crash from police and that it had been shared with the defendant’s legal team. He declined to comment on the contents of the report.
Former Chittenden County State’s Attorney TJ Donovan, who was sworn in as attorney general last week, said the crash report “will become part of the public record at some point in time during the litigation of this matter.”