[W]ILLISTON — The court-ordered toxicology report of a wrong-way driver charged with killing five central Vermont teenagers in a fiery crash a year ago shows high levels of THC, the active ingredient in marijuana, a powerful opiate and prescription drugs in his blood system.
Steven D. Bourgoin, 37, of Williston had elevated levels of fentanyl and benzodiazepine in his system and 10 nanograms of active THC level about eight hours after he crashed into the five teens as they headed home about 11:50 p.m. Oct. 8, 2016, according to the drug report made public Monday.
Any level of THC in a driver in Vermont is against the law. In Colorado, which allows for recreational marijuana, a driver is presumed under the influence with 5 nanograms of THC.
The levels of fentanyl, an opioid pain medication, and midazolam, a depressant, “could be therapeutic levels,” according to an interpretation by the Vermont Department of Public Safety. In combination, however, fentanyl and benzodiazepine can be fatal, according to the Vermont Board of Medical Practice.
The long-sought drug report for Bourgoin became public Monday afternoon when Heidi Storm, public records administrator for the Vermont State Police, granted the latest request seeking details of the impairment.
The request to release the test results was renewed in the Bourgoin case after Vermont State Police reported this month that a driver who killed four carnival workers in August in Addison County had more than 50 nanograms of THC in his system. That made him more than 10 times the legal limit if he had been driving in Colorado.
The Bourgoin report says he was impaired.
“Effects of marijuana use on driving ability may include weaving, inattention, poor coordination and slowed reaction time with increased error rates in complex tasks,” the report from NMS Labs in Willow Grove, Pennsylvania, noted.
“These effects worsen with increased THC concentrations. Peak effects typically last from 1-4 hours. THC concentrations in the blood decline rapidly after use and may be undetectable within 1-3 hours following smoking. Numerous studies have associated marijuana use with impaired driving performance,” the report said.
Fentanyl is a morphine substitute. The report said, “It is reported to be 80 to 200 times as potent as morphine and has a rapid onset of action as well as addictive properties.”
Bourgoin had 25 nanograms of midazolam, the report said. In 56 drivers arrested for driving while under the influence, midazolam concentrations ranged from 5 to 1,100 nanograms.
Bourgoin has pleaded not guilty to a variety of charges, including five counts of second degree murder in the death of the teens. He remains in prison awaiting trial, which could be in late April at the earliest, officials said.
Bourgoin had childhood trauma that led to PTSD, according to a close personal friend. He also had just lost his job, was being evicted from his house, had medical bills piling up and was involved in a serious conflict with the mother of his child. He spent the morning before the crash going in and out of the emergency room.
Minutes after Bourgoin’s arraignment in October 2016, then-Chittenden County State’s Attorney TJ Donovan pledged during a news conference he would release the toxicology report as soon as he received it. Donovan, who was running for Vermont attorney general, reversed direction two weeks before the election and refused to make public the report.
His successor, State’s Attorney Sarah George, also rejected multiple requests to release the report.
Storm, in making the report public, said the State’s Attorney’s Office had been consulted.
State Rep. Ben Joseph, D-North Hero, was among those to push for the release. The retired judge had filed a Vermont public records request and received a copy on Monday.
“I am just starting to read the report. We had read newspaper accounts that said Bourgoin was under the influence of marijuana and this appears to confirm those news stories,” Joseph said.
Joseph said he had asked the state police to release the report because he feared legislators will vote on possible legalization this winter and never have the truth about the driver being impaired in the Williston crash.
Multiple sources involved in the homicide case — but not cleared to speak in public about the court-ordered blood test — have stated Bourgoin’s system contained drugs, including THC, the active ingredient in marijuana. One well-placed source termed the marijuana traces as “significant.”
Court records also show Bourgoin’s girlfriend at the time told state police investigators, among other things, that Bourgoin was a marijuana user and used it to try to control his anger. Lawrence said Bourgoin would get anxious when he ran out of the drug, the records show.
Authorities obtained a court order from Judge Mary Morrissey allowing for the drawing of Bourgoin’s blood based on an affidavit by Vermont State Trooper Bradley Miller that he thought the driver was impaired while dealing with him at the scene.
Killed in the flaming crash were Eli Brookens, 16, of Waterbury; Janie Chase Cozzi, 15, of Fayston; Liam Hale, 16, of Fayston; Mary Harris, 16, of Moretown; and Cyrus Zschau, 16, of Moretown.
Four students attended Harwood Union High School in Duxbury, while Cozzi was enrolled at Kimball Union Academy in New Hampshire.
The students had been in South Burlington for a concert and were southbound in a Volkswagen Jetta when struck by Bourgoin’s northbound Toyota Tacoma in the southbound lane, officials have said. The VW burst into flames after landing in the median and Bourgoin was going an estimated 79 mph, officials said.
Bourgoin is accused of stealing a police cruiser at the scene, driving down I-89 toward Richmond, reversing direction and heading back to the scene and crashing into several disabled and stopped vehicles. He was driving about 107 mph during the second crash, officials said.
