3 women, 1 pregnant, answer to DUI, child cruelty charges
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By Brent Curtis Herald Staff - Published: December 2, 2008
Two mothers facing charges of drinking and driving with their children in tow, and a third woman allegedly driving drunk while eight months' pregnant all appeared before a judge Monday.
Ursula M. Gacusana, 32, of Rutland, pleaded innocent in Rutland District Court to a felony third charge of drinking and driving that took place on Nov. 8 when she was eight months' pregnant. Gacusana also faces misdemeanor charges of lying to police and operating a vehicle with a suspended license.
Rebecca A. Hussak, 42, of Mendon, pleaded innocent to a misdemeanor charge of drinking alcohol in violation of conditions imposed by the court after she was charged for misdemeanor drunken driving and cruelty to a child.
Those charges stem from an incident in September when police allegedly found Hussak passed out in her car in the middle of Sangamon Road near the intersection of Chittenden Road in Chittenden with her 23-month-old daughter in the back seat.
Tierra H. Covey, 29, of Pittsford also pleaded innocent to misdemeanor charges of drunken driving and cruelty to a child. Covey was charged on Nov. 15 after failing a sobriety test on Route 7 in Pittsford. At the time of her arrest, police said Covey's 5-year-old son was sleeping in the back seat of her car.
All three women, who appeared in court at different times throughout the day Monday, were released on conditions that included they not possess or consume alcohol and that they report once each day — twice daily in Hussak's case — to the Rutland County Sheriff's Department for alcohol testing.
Of the three women, Hussak's blood-alcohol content at the time of her arrest was by far the highest. Almost two hours after her arrest, police said Hussak's blood-alcohol content was 0.449 percent. The legal limit to operate a motor vehicle in Vermont is 0.08 percent.
Vermont State Police Trooper Joseph Hoffman wrote in an affidavit that he found Hussak semi-conscious behind the wheel of her Chevrolet Blazer, which ran out of gas in the middle of the road. Hussak was taken to Rutland Regional Medical Center where she spent time in the intensive care unit, Hoffman wrote.
At the scene on Sagamon Road, Hoffman said he was approached by a woman from nearby Barstow Elementary School who told her that Hussak was expected at the school a half-hour earlier to pick up her other two children.
Hussak was arraigned for drunken driving and cruelty to a child in October. She was back in court on Monday however, for an alleged violation of her conditions of release — a charge to which she pleaded innocent.
In an affidavit written by Sheriff's Deputy Jason Allen, Hussak allegedly failed an alcohol breath test on Nov. 29 during one of her twice-daily visits to the Sheriff's Department. Hussak's blood alcohol content was 0.098 percent, Allen wrote, adding that Hussak told police she had two glasses of tequila earlier in the day.
During her arraignment on Monday, Hussak's attorney Mary Kay Lanthier said the failed test was an unfortunate stumble for Hussak, who she said has been working to turn her life around since her arrest in September.
"She understands the seriousness of this and is as disappointed as anyone else in the results," Lanthier said, adding that since her arrest, Hussak has participated in mental health counseling, Alcoholics Anonymous and has "re-immersed" herself in the Catholic Church.
She asked Judge Thomas Zonay to reduce the frequency of Hussak's visits to the Sheriff's Department from twice to once daily.
But prosecutors Kevin Klamm and Kathryn Smith strongly opposed the requested change — which Zonay ultimately denied.
"Honestly, I did consider asking for bail in this case," Smith said. "A 0.448 alcohol level is so high that most of us would be dead at that point."
Meanwhile Gacusana was stopped by police on the way home from her baby shower, according to State Police Sgt. Thomas Mozzer.
The Rutland woman refused to submit to a field breath test but was later tested at the State Police barracks where her blood alcohol content was 0.133 percent, 90 minutes after she was stopped.
Mozzer also wrote that she initially lied about her identity, giving police the name of her younger sister who lives in Florida.
Covey was stopped on Nov. 15 after police received a call from two motorists on Route 7 who told police they saw Covey's car swerve into oncoming traffic and go off the road, nearly rolling over, according to a police report. Covey's blood-alcohol content at the time she was stopped was 0.133 percent, according to court records.
Contact Brent Curtis at brent.curtis@rutlandherald.com.
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