BURLINGTON — A jury has found Steven Bourgoin guilty of five counts of second degree murder, rejecting his defense that he was insane when he drove his truck the wrong way on I-89, crashed into an oncoming car, and killed the five teenagers inside.
The jury began deliberations Tuesday afternoon and came back with their decision on Wednesday afternoon, after 12 hours of deliberation. The 12 members of the jury concluded Bourgoin did not meet the burden of proof for insanity defense.
He was also found guilty on two charges related to stealing an officer’s police cruiser and crashing it after the initial crash.
The teenagers were heading south on I-89 in Williston when Bourgoin slammed his pickup truck, heading north in the southbound lanes, into their car, prosecutors argued.
The students killed were Mary Harris, 16, and Cyrus Zschau, 16, both of Moretown; Liam Hale, 16, of Fayston; Eli Brookens, 16, of Waterbury; and Janie Chase Cozzi, 15, of Fayston.
Bourgoin’s sanity at the time of the crash was the major point of contention in the trial. His attorneys argued that he was insane, and that he believed he was getting messages through his electronic devices directing him on a top-secret government mission.
Prosecutors argued that he was enraged by his financial struggles and a child custody dispute with his ex-girlfriend, and that this actions were intentional.
Jurors heard from two experts for the defense testifying that he was insane and one for the prosecution arguing that he was sane.
To find Bourgoin guilty, the jury had to find that Bourgoin acted with a “wanton disregard of the likelihood that death or great bodily harm would result.”
“The State must have proven that Mr. Bourgoin was actually aware of the risk of death or great bodily harm, and that he ignored that risk,” Judge Kevin Griffin’s instructions to the jury read.
For the insanity defense, Bourgoin had to prove that he suffered from a “mental disease or defect” at the time of the crash and that he was either “unable to appreciate the criminality of his conduct” or “was unable to conform his conduct to the requirements of the law.”
After the verdict, a teary-eyed State’s Attorney Sarah George hugged the teenagers’ family members who assembled in court for the verdict.
“We obviously feel the verdict they came to was the right one, that the state really did prove beyond a reasonable doubt that this was second-degree murder and it was nothing less than that,” George said. “I’m so thankful for the families and their bravery and their courage to come here every day to listen to this evidence and to have gone through two and half years waiting for this day.”
She said she had never considered Dr. Reena Kapoor, the former prosecution expert who ended up siding with the defense by ruling Bourgoin insane, to be the state’s primary witness.
“Our primary witnesses to prove this case were the people who interacted with Mr. Bourgoin in the days before, day of, and days after,” she said. “They are obviously the individuals that the jury also felt were the primary witnesses in this case.”
George said the state never engaged in plea deal negotiations with Bourgoin, and that she would have to speak with the families before saying what she would be seeking in Bourgoin’s sentencing.
Bourgoin will continue to be held without bail following the verdict. Defense attorney Robert Katims has 30 days to file post-verdict motions.
Before the verdict, Griffin complimented the jury and asked those assembled to accept their verdict with “dignity, and with peace.”
“It’s clear to the court that this jury has worked very hard and been very diligent in undertaking an extraordinarily difficult case,” he said.
Defense attorney Robert Katims said his client was “disappointed” with the verdicts and planned to appeal.
Katims said he believed the defense had successfully shown Bourgoin was legally insane at the time of the crash.
“Obviously, we think we presented the overwhelming medical evidence with regards to the sanity issue and we’re disappointed that the jury found otherwise,” Katims told reporters.
“This is an incredibly difficult case. I think everyone acknowledged that it was and I think the jury’s spending over a day and half or so on deliberation proves it was an incredibly difficult case,” Katims said.
“He’s disappointed, that’s for sure,” Katims said of his client.
Among the issues Katims said he would appeal was a call for a mistrial halfway through the trial that was rejected.
Katims declined comment whether the prosecution had offered his client a plea deal.
Families and friends of the victims said they were relieved the case was over and hoped the focus of attention would return to the teenagers killed and away from Bourgoin.
They huddled in a conference room after the court hearing, applauding prosecutor George when she came to meet with them. Afterward, some met with the media, holding large photos of their children.
Mary Harris’ mother, Elizabeth, read an essay about kindness her daughter wrote shortly before the crash. Kindness, Mary wrote, was one of the “fundamental characteristics of the best people in the world.”
“I believe it is nice to be important but it’s more important to be nice, which every person has the ability to do. You have the ability to be kind. You have the ability to help others be happy, to be proud and confident. You have the ability to change someone’s day. You have the ability to change someone’s life through something as simple as a kind smile, a good laugh, five extra seconds to hold a door open or give a compliment,” Mary Harris wrote.
“Without kindness, what is the point?” the essay concluded.
“That was Mary, that’s how she lived and that’s how we want her to be remembered,” her mother said.
Sarah Zschau, the mother of Cyrus, thanked the prosecutors, victim’s advocates and “our whole Vermont community” that provided support.
“We’d like it to be about the kids now and no more about Steven Bourgoin. They’re beautiful kids,” Sarah Zschau said.
Another parent echoed the sentiment. “At this time, we would ask you to refocus the energy towards the incredible young people whose lives were needlessly and tragically taken from them and us,” Sue Hale said.
The verdict makes a difference, Sarah Zschau said.
“At least he’s not going to hurt anyone else’s kids now and that makes a difference to me,” Sarah Zschau said.
“It helps for sure,” Chris Zschau, eyes red, added quietly. “Now we’re going to go off and see our other son Charlie play ball.”
