Fatal crash driver denies guilt

Rutland Herald | October 07, 2017

By GORDON DRITSCHILO
STAFF WRITER

Mailhiot

Police say a Rochester man had taken a variety of legal and illegal drugs prior to the crash that killed his mother on Wednesday. Joseph L. Mailhiot, 40, pleaded not guilty Friday in Rutland criminal court to felony charges of grossly negligent driving with death resulting and DUI with death resulting. The DUI charge carries a one-year minimum and the two charges carry a combined 30-year maximum.
Mailhiot was freed on the condition he undergo a drug and alcohol screening and abide by any treatment recommendations.
Killington Police said Mailhiot was driving his mother, Detra Coltey Mailhiot, home to Rochester from Rutland at around midday Wednesday when he went off Route 100 near Green Mountain National Golf Course, hitting multiple trees.
According to affidavits, Mailhiot told police that in the 24-hours before the crash, he had consumed 5 mg of Oxycodone, a “matchhead” of heroin and unspecified amounts of marijuana, Robitussin, Aleve and penicillin.
Mailhiot also told police he was suffering from mononucleosis and strep throat and had not slept in three days.
Police said Mailhiot initially told them that he was driving and was about to pull over and switch with his mother because he was getting tired. Then, police said, he retold his story, this time saying his mother had been driving first and they switched when she got tired, despite being tired himself.
Mailhiot told police he swerved off the road when a truck crossed into his lane and didn’t have time to hit the brakes. Police said Mailhiot’s 2007 Toyota Tacoma pickup truck went 152 feet after leaving the road and there was no sign on the roadway either of braking or of sharp turns.
Police said Coltey Mailhiot, 63, suffered head and chest injuries and was pronounced dead at Rutland Regional Medical Center shortly before 2 p.m.
Mailhiot provided a blood sample, police said, but test results were not available as of Friday.
In court Friday, public defender Daniel Stevens agreed it was appropriate that Mailhiot undergo drug and alcohol screening, but said he thought it was inappropriate for the state to receive the results.
“I don’t know that it’s constitutional to require that the state find out any needs and dangers,” Stevens said. “It makes it easier to prosecute a person. Information is knowledge. Information is power.”
Deputy Rutland County State’s Attorney Peter Bevere countered that the state needed to know he had actually gotten the assessment and followed any recommendations. Judge Thomas Zonay asked how, specifically, knowing the results of the assessment would help in the prosecution of this case. Stevens said he just felt it could help in general.
“Maybe it is a little intangible,” Stevens said.
“The court thinks it is a lot intangible,” Zonay replied.
The lawyers ended up agreeing to a requirement that Mailhiot provide written notice of completion within 10 days of the assessment and sign a waiver allowing the state to verify his attendance at any treatment.