Crash driver arraigned on probation violation
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By PATRICK McARDLE STAFF WRITER - Published: August 26, 2009
BENNINGTON — A Pownal woman who police said caused a crash on Aug. 10 that killed two 6-month old fetuses was arraigned on Tuesday for violating her probation on a charge of petty larceny.
Kelly Cook, 22, denied the probation violation in Bennington District Court. She was released without bail pending a hearing on the alleged violation on Sept. 16.
Bennington County Chief Deputy State's Attorney Christina Rainville said she did not request that Cook be held without bail because neither the state nor her probation officer believed it was necessary.
Court personnel said Cook appeared at court using a walker on Tuesday and was given use of a wheelchair because she had a cast on her leg and an arm.
A complaint filed by the Vermont Department of Corrections' Department of Probation and Parole said that Cook was in violation of her probation because of alleged use of prescription drugs without a prescription and because she faced new criminal charges.
According to the complaint, the probation department had received an affidavit from Bennington Police Sgt. Lloyd Dean that said Cook told Bennington Police Officer David Faden on Aug. 10 that she had "consumed four clonazepam, some suboxone pills and then drove."
The complaint said Cook did not have a prescription for either medication.
The U.S. Department of Justice Web site said clonazepam is a member of the benzodiazepine family of depressants while suboxone is used to treat opiate addiction.
Vermont State Police Lt. John Flannigan, field coordinator for the drug evaluation and classification program, said he didn't know any details about the accident on Aug. 10, but said, in general, clonazepam can cause problems with a person's vision.
Both drugs can reduce the pulse, heart rate and body temperature which could cause a person to feel lethargic or slow a person's reaction time, Flannigan said.
According to Bennington police, Cook was driving north on Route 7 in Bennington, near the Pownal town line, around 9 p.m. Aug. 10 when she drove over the center line. Her car collided head-on with a minivan driven by Patricia Blair, 38, of Bennington.
Blair was six-months' pregnant with twins at the time of the crash. Although doctors at Dartmouth-Hitchcock Medical Center in Lebanon, N.H., attempted to save the fetuses, they were unsuccessful.
Blair and her husband, Randy Blair, 37, who both live in Bennington, were seriously injured in the crash. Their two young children were treated but were not seriously hurt, according to police.
On Tuesday, Rainville said it was not uncommon for the Department of Probation and Parole to file a complaint before criminal charges were filed.
The state's attorney's office has not yet determined exactly what charges will be filed against Cook but Bennington police cited her for driving while impaired by medication.
Cook was on probation for an incident on July 6, 2007.
Bennington Police Officer Robert Zink said employees at the Clip Shop in Bennington said they believed Cook, who had come into the business as a customer, had stolen about $70 from two tip jars.
Cook pleaded guilty to the charge of petty larceny in August 2007. She was sentenced to serve one to three months with all the time suspended except for 14 days.
patrick.mcardle@rutlandherald.com
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