Judge declines to toss fatal crash suspect's statements

Statements authorities say a crash suspect made regarding possible suicidal thoughts and a fight with a fiance will remain as evidence in the case against the woman accused of intentionally crashing her car and killing a Richmond EMT, court papers show.

Karri Benoir, 24, of Barre attempted to have those statements thrown out, saying Vermont State Police who interviewed her at the hospital hours after the July 2015 crash violated her rights. However, Judge James Crucitti wrote in a decision filed late last week that a reasonable person in Benoir's situation would not have felt like he or she was in police custody. He denied Benoir's request.

"There is virtually no evidence of an aggressive, deceptive interrogation in a police-dominated atmosphere," Crucitti wrote in his 10-page decision. Crucitti noted that the trooper failed to tell Benoir that she could stop questioning at any time, but said that was not enough reason to toss the statements.

"The officer never told the defendant that she had to answer questions or was not free to leave until questioning was completed," Crucitti wrote. "The defendant never told the officer that she did not wish to speak with him."

Benoir's lawyer Rob Sussman declined to comment Wednesday on the decision, and said it is premature to consider filing an appeal of the judge's decision. Sussman said the defense will review its options if the case goes to trial.

Chittenden County Deputy State's Attorney Bram Kranichfeld also declined comment.

Benoir has pleaded not guilty to charges of second-degree murder and gross negligent driving with fatality resulting in connection with the crash, which killed Brendon Cousino, 30, of Richmond.

She also has denied charges of simple assault and simple assault on a law enforcement officer connected with an August fight with another inmate at the Chittenden Regional Correctional Facility.

Benoir has been jailed for lack of $100,000 bail at the South Burlington facility since November 2015, when her home detention was revoked. If found guilty, she faces a possible prison sentence of 20 years to life.

This story was first posted online on Dec. 14, 2016, and has been updated.

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurraySMC.

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