John BillardAn Addison County man admits he was drunk when he caused a deadly four car pileup involving a school bus, but the driver will not go to jail.
Sixty-eight year-old John Billard walked into an Addison County courtroom Monday to admit he killed his friend in a car crash last year.
"I take full responsibly for my poor judgement," Billard told the court.
Last January Billard and 57-year-old Mary Jane Danyow were on their way home from a holiday party when he lost control of his SUV on a snow covered Route 7 in Ferrisburgh. The SUV slammed into a school bus carrying a high school hockey team and caused a four car pileup. Danyow died a few days later at the hospital. No one else was seriously hurt.
"We have all found forgiveness for John. Forgiveness for an accident we believe likely would not have happened had the roads been clear and dry that night," said Shannon Kayhart, Danyow's daughter.
Police determined Billard's BAC at the time of the crash was .11 -- over the legal limit of .08, but Addison County State's Attorney David Fenster could not prove that alcohol was the only factor for the crash.
"A night that was described by many as treacherous driving conditions," Fenster said.
Billard was traveling in a line of cars at the time of the crash, going approximately 35 miles per hour. The speed limit on that section of highway is 50. Witnesses did not report any erratic operation by the Vietnam veteran and long-time school teacher.
The charge of drunk driving -- death resulting, carries a penalty of one to fifteen years in prison, but the prosecutor agreed to a plea deal with no jail time -- rather six months of home confinement. He pointed to Billard's spotless record and support from the victim's family.
"I am so appreciative of the love, support and forgiveness from Mary Jane's family," Billard said.
"There was no real erratic operation or egregious driving that we could point our fingers at and say, this was what the alcohol was doing and that's why the accident happened," Fenster said.
Judge Helen Toor accepted the plea agreement -- at a time when the state is trying to toughen its stance on drunk drivers. Two weeks ago a repeat drunk driver was convicted of murder for his role in a deadly crash -- the first ever murder conviction for drunk driving in Vermont.
"Without the evidence of bad road conditions, you would be going to jail," Judge Toor told Billard.
Billard will also have to perform 250 hours of community service, focusing on educating students and groups about the dangers of drinking and driving.
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