Modesta Brito assumed the risk of allowing her teenage son to have a drinking party in their house on the night of Nov. 24, 2007. That risk became harsh reality when Ryan Bourque, 17, left the party and was killed in a drunk-driving car accident (DUI), prosecutor Jennifer Kunsch said.
“That reality turned into a tragedy,” Kunsch said.
Our firm’s dedicated San Diego car accident lawyers think that this mother’s actions lead to reckless driving which took the life of a teen driver who should not have been drinking in the first place. Whenever a drunk-driving accident occurs, there is always a large amount of pain and suffering, but the loss of child so young is devastating.
A senior at Central Catholic, Bourque got a ride home from the party at Brito’s house around 11 p.m. He left his home again two hours later and was in a DUI car accident on South Broadway. He was pronounced dead at Lawrence General Hospital shortly afterward.
After learning that Bourque had died, Brito allegedly said to her son, “This is going to get bad. You know I’m going to get in trouble.”
Brito, a 42-year-old mother of three, will spend the next three months in prison after yesterday admitting to violating the state’s Social Host Liability Law and allowing the party in her home. After Bourque’s death, both Brito and her son Edrian Brito Mendez, were charged with violating the state’s Social Host Liability Law meant to prevent car accidents. It was the first time ever, in Essex County, such alcohol charges were filed against both parent and child.
“Parents think they can control the situation and provide a safe haven by being there,” said Essex County District Attorney Jonathan Blodgett. ”The message is the law is the law.”
Accompanied in court by tearful members of her family, Brito yesterday was handcuffed and taken to MCI-Framingham to start serving her sentence immediately. Brito was formally sentenced to one year in jail with 90 days to be served and the balance suspended for two years. She also will have to serve 200 hours of community service and pay fines.
“You were the responsible adult. You were the one who should have been looking out for your son and the other kids,” Judge Thomas Brennan said. ”In this case, the consequences were tragic and for that, you bear some responsibility.”
A 12-year resident of Lawrence, Brito had no previous criminal record. She held a full-time job at Joseph’s Middle Eastern Bakery, and cared for her three teenage children and a 19-year-old niece with a disability, according to her lawyer, Kevin Tagliaferri.
Mendez, 18, now a student at Northern Essex Community College, also was charged with two counts of providing alcohol to minors. All of his charges were continued without a finding for a year in a plea agreement reached and approved by Brennan earlier yesterday. He must undergo alcohol evaluation and treatment, attend alcohol education programs and perform 100 hours of community service. He also must speak to youth groups about the dangers of alcohol and pay fines.
Speaking generally about underage drinking, Blodgett said he hopes parents understands the situation.
“There’s no gray area,” he said. “It’s a black and white law. It’s very important the public understands how serious these charges are. The Legislature amended the law to take into account parents who hold these parties.”
Lawrence police Chief John Romero commended Judge Brennan “for recognizing the seriousness of the charge.”
“There can be no worse consequence to a parent’s participation in underage drinking than the tragedy that fell upon the Bourque family,” he said. “Parents have to realize that young people that are drinking may well be getting behind the wheel of a car.
“This case should stand as an example that people will be held accountable for their failure to take responsible action.” The car accident lawyers at our San Diego firm think the feeling is mutual.
If you were injured and believe that you deserve compensation, then call our bilingual law offices right away at 1-800-655-6585 or click here for a free consultation with an experienced San Diego car accident lawyer and find out how we can help you. We look forward to providing good advice for your case. There is no fee if no recovery.
About Michael PinesMichael Pines is a former insurance company attorney who specializes in car accident injury. While he was an insurance attorney, he learned from behind the scenes on how insurance companies work and how they decided to pay injured people. Now that he works against insurance companies, Michael's inside knowledge has resulted in significant benefits to his clients injured in car accidents.
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