Woburn Court: Probable cause to charge Caruso
Published on November 10th, 2004
STONEHAM, MA - A Woburn District Court clerk magistrate found probable cause last Friday to pursue a criminal complaint against the 65-year-old Green Street resident whose out-of-control Chevy Corsica critically injured three Central School parents and children last month.
Stoneham resident Enrico Caruso then pleaded not guilty to one count of negligent operation of a motor vehicle so as to endanger at an arraignment held immediately after the hearing. The criminal misdemeanor could result in a sentence of two years in jail and a $200 fine. Caruso’s next scheduled court date is for a pre-trial hearing on Dec. 21.
According to Bradford Keene, Caruso’s Lynnfield-based attorney, he argued before Woburn Clerk Magistrate Kathleen McKeon that the grisly crash couldn’t be linked to any criminal wrongdoing.
“My position is we’ve never denied that this is a genuine tragedy for everybody involved,” said Keene in a telephone interview. “But as I told the magistrate, there are sets of circumstances in some accidents that are completely void of negligent action or criminal doing.”
Although he wouldn’t comment on the matter for legal reasons, Keene did admit that a 13-page police report issued last Friday by the Stoneham Police Department detailed conflicting accounts as to how the Central School tragedy occurred.
Specifically, the report pits Caruso’s version of events against that of his grandson Christian, who was traveling in the back seat of the vehicle.
According to the police report, Caruso told police that he parked in front of the school prior to dismissal time, turned off his ignition, and read a book. After his grandson entered the vehicle, he then turned on the car and began to exit the property at approximately 2-5 m.p.h. Caruso then reportedly told police that his car began to rev unexplainably, propelling it towards the vehicle in front of him.
“As Enrico applied the brakes, the brakes had no effect and the vehicle began to race forward at a high rate of speed. Enrico then looked ahead and saw that there was another vehicle traveling eastbound in the opposite lane,” the police report reads.
“As a result, in order to avoid colliding with either of these vehicles, Enrico’s instinctive reaction was to turn to the right. This turn…then forced the vehicle up over the curb at a high rate of speed,” the report continues.
Speaking to Caruso as he was being treated for minor-head injuries at the Melrose-Wakefield hospital, several police officials noted that the grandfather often revised his account and seemed confused about the details surrounding the accident. One officer noted that while Caruso appeared to be of “sound mind” during the interview, he also remained in “mental shock” as a result of the crash.
The report contrasts Caruso’s version of events and his state of mind with his elementary-school aged grandson Christian, who while still upset by the incident, appeared “of sound mind and maturity.”
“Christian appeared to have a clear grasp of the details of the accident. Christian’s account appeared to be unbiased and honest,” wrote one officer.
According to the grandson’s recollection of events, Caruso allegedly put the car into gear and then reached for his cane in the passenger seat with his right hand. As the 65-year-old reached for his cane, his prosthetic leg became stuck on the pedal and pushed it to the floor, Christian said, according to the police report.
“This account provides a better understanding of how the accident potentially occurred,” wrote one officer. “As Enrico reached for his cane with his right hand, his left hand grasped the steering wheel for balance. As Enrico reached for his cane with his right hand, his right foot somehow got caught up on the gas pedal, and in turn pressed it down to the floor.”
“As the vehicle lunged forward, the sudden, fast-paced momentum of the vehicle may have caused Enrico’s left hand to pull the steering wheel to the right, thus turning his tires towards the curb. The vehicle then raced forward to the right and up over the curb to the sidewalk,” the officer reported.
The same officer would later conclude that while both accounts evidenced that the accident was not the result of malice, criminal intent, or drug or alcohol abuse, Christian’s story indicated that his grandfather had a “lapse in judgment” in his decision to remove his eyes from the road while reaching for his cane.
“Enrico focused too much of his physical and mental attention on reaching for his cane and not enough attention to the more important task at hand which was operating his vehicle safely. This incident occurred as a result of Enrico’s failure/neglect to operate his vehicle in a safe manner, which resulted in a serious motor vehicle accident with serious injuries.”
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