[R]UTLAND — John G. Fairbanks III received a sentence Tuesday that lets him avoid jail for his role in a fatal crash that killed his girlfriend, but he didn’t provide the answer a prosecutor wanted to hear.
A key issue in the case is who was driving in the November 2014 crash in Castleton that killed 23-year-old Stephanie Briggs, the only other person in the car.
Rutland County State’s Attorney Rose Kennedy said during Fairbanks’ sentencing hearing Tuesday that there was evidence Fairbanks was the one driving, and he could settle the matter.
“Hopefully, today he will stand up in court and tell the victim’s family what actually happened,” Kennedy said in Rutland criminal court. “He hasn’t done that yet. I think they deserve that.”
Fairbanks, 24, of Castleton, did speak at the hearing but didn’t talk about who was behind the wheel.
“I am sorry that Stephanie has died, and I’m sorry for Stephanie’s family loss,” said Fairbanks, wearing a dark suit, tie and sneakers. “I know nothing can bring her back, but I hope they can find some closure.”
Briggs’ parents told the court they both wanted Fairbanks to serve time in jail.
Jeffrey Briggs, her father, said he has been in a deep depression since the death of his daughter. “I would like to see him do a little time,” he said of Fairbanks. “It’s like he murdered my daughter.”
Susan Lynde, her mother, described her daughter as young, hardworking and beautiful. “I feel like she was taken away way too soon,” Lynde told the judge. “We would all like to see John do jail time.”
Fairbanks pleaded no contest last month to a felony charge of gross negligent operation of a motor vehicle with death resulting, to be deferred for five years. He will be placed on probation.
If he abides by the terms of his probation for those five years, the charge will be cleared from his record. If he violates his probation conditions, he faces the possibility of receiving the maximum penalty for the offense of 15 years in jail.
Among the many conditions of his probation, he must take part in drug or alcohol treatment if a screening determines it is necessary. He also cannot go into a bar, tavern or any other establishment whose primary business is serving alcoholic beverages, and he must submit to urine testing.
In addition, he must complete 50 hours of community service.
On a misdemeanor DUI charge, Fairbanks received a six-month to one-year sentence, with the six months to be served on home confinement.
Judge Cortland Corsones accepted the plea deal Tuesday, saying a trial brought risks to the prosecution and defense.
“The court hopes that having the defendant sentenced today, while perhaps a small benefit to Stephanie’s family, will at least be some benefit to bringing this phase of the proceedings to an end,” the judge added.
That test found he had a blood alcohol level of 0.097 percent, higher than the 0.08 percent legal limit for driving in Vermont.
However, attorney Daniel Stevens, representing Fairbanks, was seeking to suppress the blood test results and wanted the charges dismissed.
He contended in a filing that a U.S. Supreme Court case decided a year ago concerning the procedure police use to obtain blood test results amounted to an unconstitutional search.
In that case, Birchfield v. North Dakota, the nation’s highest court ruled that the Fourth Amendment allows for warrantless breath tests for arrests on drunken driving charges.
But it prohibits warrantless blood tests, according to the ruling.
The difference, the high court decided, is that a breath test is not considered as invasive a procedure as a blood test, in which skin is pierced and blood is taken from a person.
Stevens, in his motion, wrote, “In this case, the arresting officer obtained a sample of John’s blood without a warrant, a violation of the Fourth Amendment, and the test results should be excluded from trial.”
Prosecutors argued that a blood test was the only option.
“Nearly two and a quarter hours after the crash the defendant was still in the hospital,” their response states. “Hours would pass before he was discharged.”
The plea deal avoids a hearing and a ruling by Judge Corsones on whether he would admit the blood test results. Both sides Tuesday said the plea deal removes the risk of losing that ruling.
Also, Kennedy told the judge that a key investigating officer has since moved to Ireland and getting him to return for a trial would not be a sure thing.
“Judge, frankly, in coming to this resolution today, the state’s primary consideration was holding the defendant accountable,” she said. “There was a lot of evidence that (the) defendant was maintaining that he wasn’t even the driver during the crash. The state didn’t believe that.”
Kennedy said inquest hearings took place trying to get testimony from people who might have information about events surrounding the crash. She described many of those people as “less than forthcoming” at those hearings.
“The state had some risk, even just proving he was the driver,” the prosecutor said.
Stevens, Fairbanks’ attorney, told the judge Tuesday that his client’s defense did not revolve around who was driving the night of the crash.
“We’re not going to comment on that,” he said. “Our defenses were not about that.”
Instead, he pointed to the issue with the blood test as well as the condition of the vehicle, saying it shouldn’t even have been on the road.
Briggs’ estate, Stevens added, is suing the garage that performed the inspection on the vehicle.
Stevens called the crash a tragedy for all involved. “We’re not sure any sentence would address specific deterrence other than what John continues to live with,” he said.
The crash took place Nov. 29, 2014, around 7:40 p.m. on Route 30 in Castleton. Prosecutors say Fairbanks was at the wheel of a 1999 Volkswagen Passat that drove into the oncoming lane before going airborne, striking a utility pole.
Briggs was declared dead at the scene. Fairbanks, who police said was walking around yelling and throwing debris when they arrived, told them Briggs had been driving, court records stated.
However, a police affidavit filed in the case stated that a day later Briggs’ mother, Lynde, reported that Fairbanks had called her. Lynde said Fairbanks told her he was the driver in the crash that killed her daughter.
“I’m so sorry,” Lynde said he told her, according to court records.
Before handing down the sentence Tuesday, Judge Corsones praised Briggs’ parents for their comments in court.
“You aren’t here looking for vengeance for what happened,” the judge said. “You’re here asking for what you consider to be a fair and reasonable sentence.”
