Truck driver says he fainted before he hit cyclists
David Labonte says a severe coughing attack led to the Biddeford crash, which left a Saco man and his son critically injured.

By Dennis Hoey dhoey@mainetoday.com
Staff Writer

Police Monday said that a 15-month-old toddler remains in critical condition from a crash in which a pickup truck hit a family bicycling in Biddeford on Friday evening.

The 15-month-old, identified by police as Lavarice Elliott, was in critical condition as of 10 p.m. Sunday, police said in a statement Monday morning.

His father, Jamerico Elliott, 51, of Saco, also remains in critical condition. The baby’s mother, Melodie Brennan, 30, was treated for injuries and released from the hospital.

Police say the investigation into the cause of the crash will not be completed any time soon. The accident reconstruction process takes time, blood alcohol tests won’t be complete until at least the end of the week and police will be seeking a search warrant to obtain the “black box” from the vehicle which records the speed and other factors immediately before the crash, police said.

The driver of the pickup truck that struck the three bicyclists said in a telephone interview that he fainted just before he hit the riders.

"It's awful. It's a terrible feeling I have. It makes me sick to my stomach," David Labonte, 56, of Kennebunkport said Sunday night.

A man who witnessed part of the crash claims that Labonte must have been driving at least 55 mph to have caused the extent of damage that his truck inflicted on the bicyclists and a parked pickup truck.

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Kennebunk man who drove into Saco cyclists had previous OUIs
By David Hench dhench@mainetoday.com
Staff Writer

The pickup truck driver who hit a family as they bicycled in Biddeford was twice convicted of driving drunk and has also had several speeding convictions.

Either a case of gross criminal negligence in the operation of a dangerous machine, or a homicidal maniac trying to weasel out of the due consequences of his deliberate homicidal attack.

Wow, reading the news story is disturbing. Convicted 4 other times for drunk driving and still has a conditional license allowing him to drive. Hopefully the family has a complete recovery, and please take away his license this time (and more if guilty).

I wonder if his 'fainting', is the driver's way of admitting in a left-handed way, that he was drunk.

Taking away licenses does nothing. Take away the vehicle.

Here in California, we cannot even do that anymore.

https://www.pbs.org/newshour/rundown/...d-drivers.html

I suspect he was drunk.

...because an offender will not procure another vehicle? Because forfeiture laws are good and just?

I tend to be far more easygoing on first offenses for drunk driving, believing that even people who are generally OK can be guilty of the offense coming home from a party,or whatever.

But once should be fair warning, and second offenses treated much more severely, and if that doesn't stop, then jail time. I understand that there are places where auto is the only means of transit, so would condition any conditional license on an alcohol interloc ignition. 3 or 4 offenses, mandatory jail time, and a fine high enough to equal forfeiture of the vehicle.

This driver should not be on the road, but in any case, should be stripped of any safe harbor that a drivers license might include, and be charged with reckless endangerment or criminal negligence at the very least.

Even if it was the asthma that caused him to pass out and crash, he still should have his license taken away... Maybe even especially, in that case.

Sorry, I have to respectfully disagree. For driving under the influence, (and you can add hit-and-run), no allowances should be made for first, second, or any other offense. Driving drunk is wrong! Period. It's not like it is a secret. Everybody knows that they should not get behind the wheel if they are not in their 'right mind'. Too many ruined lives and families as the result of drunk driving, even from first offenses. This is one behavior that our society needs to eradicate. I fear that we will have to live with this until sentencing becomes harsh, even for first offenses. If the risks are too high, then people won't do it. Simple enough. The problem is that as a collective whole, we do not have the political will.


Agreed.

I'd like to see some sort of "cannot own/drive" list that sellers of motor vehicles must check prior to selling their cars that includes anyone with a drunk driving or hit and run conviction. Kind of like firearm background checks, only make it cover all sales, lendings and rentals. I seriously consider the likelihood of encountering a drunk or other scofflaw motorist and change my plans to account for it far more frequently than I ever consider encountering an armed criminal.

What I'd like to see and what I will see don't seem to have any overlap, unfortunately.

I am with you 100%. Most states have such a low limit that almost makes it almost impossible to drink any alcohol and legally drive. It is senseless that people who are drinking booze (which impairs judgement), can decide if they are ok to drive. If you plan to drink, plan not to drive. You, and everyone else will be safer.

The father died Wednesday.

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Witness: Driver who hit Biddeford bicyclists appeared to be asleep
By David Hench

A motorist who passed David Labonte moments before his pickup crashed into a family of cyclists, ultimately killing the father, said the driver appeared to be asleep, according to a police affidavit.

Labonte's blue Ford pickup crossed the centerline and two lanes of oncoming traffic before colliding with bicycles ridden by Jamerico Elliott and Melodie Brennan. Their 17-month-old son Lavarice Elliott was riding in a child seat on the back of his father's bicycle.

Witnesses, including an off-duty Kennebunk police lieutenant, said Labonte did not try to avoid the crash, according to a police affidavit submitted to Biddeford District Court in support of a search warrant. There were no skid marks at the scene that would have indicated Labonte tried to brake.

Witnesses said Labonte was going at or slightly above the 35 mph speed limit and almost hit an oncoming car, the affidavit said. The driver of that car looked into Labonte's truck cab and saw he had his head down. The other driver then watched in her rearview mirror as he crossed the road and hit the cyclists.

The police affidavit, written by Officer Andrew Allaire, was in support of search warrants to obtain medical records and blood drawn by Southern Maine Medical Center as well as to compel Labonte to provide a blood sample to test for alcohol.

Labonte initially refused to provide a blood sample, according to the affidavit.

The crash occurred at 6 p.m. Aug. 2, in front of 364 Elm St. as the family was returning from a bicycle ride. Lavarice Elliott was wearing a helmet, although his parents were not, the affidavit said.

The child remains in critical condition at Maine Medical Center as of Friday morning. Jamerico Elliott died Wednesday from his injuries. Brennan escaped the worst of the crash impact but still had a broken ankle and back pain, police said.

Labonte was still in the truck when emergency responders arrived. He said his chest hurt and he worried he was having a heart attack, the affdavit said. Rescue workers treated him and he was taken to Southern Maine Medical Center.

Labonte told a Portland Press Herald reporter over the weekend that he had been coughing, has asthma and fainted. He had been returning from a painting job, he said.

Allaire said he could smell no alcohol, possibly because of the dust in the air from Labonte's airbag deploying. He also noted no impairment. However, rescue workers did report signs of impairment, the affidavit said. The affidavit did not elaborate.

Allaire said that in the cab of the truck he found a cooler with what appeared to be the remains of Labonte's lunch and an unopened can of Bud Light.

Labonte has four previous convictions for drunk driving and has a conditional license which does not allow him to have any alcohol in his system when driving.

The court records do not indicate what the blood alcohol content in Labonte's hospital sample was, but Biddeford Police Chief Roger Beaupre said Thursday that police have a good idea of the level of alcohol in Labonte's system at the time of the crash from that sample. He said the level does not contradict officers' assertion that there was probable cause to believe Labonte had been drinking.

Police took a second sample of Labonte's blood after a judge granted a search warrant for it, and have sent that to Augusta for testing. Police expect to have results late Monday or Tuesday, Beaupre said.

No charges have been filed against Labonte, although police say he does not have any automobile insurance, a state requirement.

And LaBonte was driving while intoxicated.

https://www.wlbz2.com/news/article/25...-bicycle-crash

"The York County District Attorney's Office tells NEWS CENTER two blood alcohol tests were taken after the accident. The first showed LaBonte's blood alcohol level to be 0.17%. The second, taken several hours later showed a 0.15%. Maine's legal limit is 0.08%."

This is this individual's fifth time being caught driving drunk. At what point will we actually do something about these barbarians? Maybe after some former President's daughter is killed by one of them?

Update:

Driver in fatal Biddeford bicycle crash charged with manslaughter
A grand jury indicts David Labonte, who is accused of driving his pickup truck into a family of bicyclists, killing the father.
By David Hench, Staff Writer

A Biddeford man with a history of drunken-driving arrests was indicted Thursday by a York County grand jury on a dozen charges, including manslaughter, in a fatal accident in which he crashed his pickup truck into a family on bicycles last summer.

Labonte, 56, of Cathedral Oaks Drive, was charged in connection with the Aug. 2 crash, in which police said he drove his pickup into the family, who were riding their bicycles on the sidewalk. The crash killed Jamerico Elliott and badly injured his 17-month-old son, Lavarice Elliott. The boy’s mother, Melodie Brennan, suffered less serious injuries.

Labonte is charged with manslaughter, drunken driving resulting in death, two counts of drunken driving resulting in injury, two counts of aggravated assault, three counts of reckless conduct with a dangerous weapon, assault and aggravated criminal mischief.

Labonte pleads not guilty in Biddeford fatal crash
He is accused of driving while intoxicated when he struck a family on bicycles.
By Scott Dolan, Staff Writer

ALFRED — A Biddeford man with a history of drunken-driving arrests pleaded not guilty on Friday to a dozen charges, including manslaughter, in a fatal accident in which he crashed his pickup truck into a family on bicycles last summer.

Take away their licenses, they still drive. Take away their cars, they borrow one. Throw them in jail for a few years, they head for the nearest bar when they get out. They may be ill (probably are), but that doesn't mean that the public has to tolerate this. But what can be done? Not much that wouldn't be classed as cruel and unusual.

There was a post a while back that discussed the appropriateness of the death penalty for impaired driving. The argument was that the same number of people end up dead, but in this case, it's the right ones.

Want to bet that this guy pleads out and serves no more than 2 years.

Every post like this cause me to consider hanging my bike up permanently. OTOH I had more close calls when I commuted on foot.