PLATTSBURGH — After hearing closing arguments, a jury will soon begin deliberating the vehicular-homicide case of Joshua Bombardier.
Before jurors were instructed on the charges, they first heard from the 19-year-old's attorney, Tina Soloski, about what the defense thinks happened on Feb. 8, 2009. A high-speed accident that day claimed the lives of Veronica LeClair; her son, Stephen M. Foster, 15; and her stepson, Travis L. LeClair, 15
Bombardier is charged with drinking alcohol and then driving Mrs. LeClair's Mustang, crashing it and killing those three and seriously injuring another teen, Kyle Bushey, who suffered a traumatic head injury.
After two days of trial earlier this week, which included testimony from a dozen prosecution witnesses and one defense witness, closing arguments kicked off this morning.
IRRESPONSIBLE
Soloski told jurors, "Veronica LeClair is responsible for the accident ... she drove that vehicle, and she drove it at an excessive speed."
She said the Ellenburg mother engaged in a number of irresponsible acts that day, including twice buying the teens alcohol, driving them on errands while she had been drinking and helping them access her Mustang, which was uninsured and unregistered.
Soloski reminded the jurors that the defense witness — Corey St. John, who was a friend of both survivors — was unwavering when he testified that it was LeClair he saw driving the Mustang before it veered off snow-covered roads on Route 11 and flipped several times.
CHANGED STORY
She has told jurors that the police investigation, which first identified Mrs. LeClair as the driver, changed only after Bushey came forward several weeks later and told authorities Bombardier was driving.
"His (Bushey's) first statement to police was that Veronica was driving," Soloski said, asserting that Bushey only changed his statement to support a lawsuit.
"He knew there was no one left to sue ... the only person left was Josh."
While he worked with police, Bushey recorded phone conversations with Bombardier in which the teens discussed the crash and Bombardier vaguely seemed to agree that he had been driving.
Soloski asserted that in those conversations, which were sometimes muffled and hindered by poor cell service, Bombardier wasn't even paying attention to the call and never confessed.
"The bulk of the conversations is Kyle saying to Josh, 'This is what happened,'" Soloski told the six female and eight male jurors as Bushey, seated in the courtroom, shook his head in disagreement.
INJURIES
She also noted that Bombardier walked away from the crash with only a facial laceration and no bruising on his legs, where it might show impact from a steering wheel.
Mrs. LeClair, though, she said, suffered bruising on the inside of her thighs, which was documented during an autopsy.
SURVIVING WITNESS
Assistant District Attorney Doug Collyer said the case boils down to three issues: whether Bombardier was driving, whether he was intoxicated and, if so, if he acted recklessly or negligently.
He asserted that Bombardier did all three.
Using a slide show to highlight the points of his case, Collyer reminded jurors that, of those in the car that day, three died, one is now on trial and Bushey "is the only one who can tell us what happened."
TROUBLE SHIFTING
"He told you that Josh was driving and had trouble shifting," Collyer said, noting that computer data taken from the car after the accident showed that whoever drove had problems shifting.
"If Veronica drives that vehicle (as witnesses testified), don't you think she knew how to drive it?"
SEATING IN CAR
He also pointed out that, based on Bushey's testimony, the three killed were sitting on the passenger side of the vehicle, which was the point of first impact and most extensively damaged.
The two who survived, Collyer said, were seated on the driver's side as Bombardier drove.
"Logically, doesn't that make sense?" Collyer said, also pointing out that Bushey's initial statement to police came immediately after the accident, when the teen couldn't remember who he was or what had happened.
TAPES
Collyer said Bombardier consistently told police he didn't remember the events of that day but later discussed aspects of it during the recorded conversations.
In the calls, Bombardier could also be heard suggesting that Bushey tell police he didn't remember what happened and that Mrs. LeClair was driving.
"Use your common sense. Does an innocent person say, stick to your story? ... Nowhere in these tapes did the defendant say he wasn't driving."
As to the issue of recklessness and negligence, Collyer asked the jurors if a "reasonable person" would drive 90 mph on snow-covered roads after drinking alcohol and with five people in the vehicle, none of whom were wearing seat belts.
He told jurors that the burden of proof has been met for a conviction and urged them to do so.
INSTRUCTIONS TO JURY
After a noon break, jurors returned to court early this afternoon to be instructed on the charges.
They are expected to begin deliberating afterward.
Bombardier is facing a charge of aggravated vehicular homicide, three counts of second-degree vehicular manslaughter, three counts of second-degree manslaughter, three counts of criminally negligent homicide, second-degree vehicular assault, third-degree assault, second-degree reckless endangerment, driving while under the influence of alcohol and reckless driving.
E-mail Andrea VanValkenburg at: avanvalkenburg@pressrepublican.com
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