Nolo to Negligent Operation, 3 Deaths Resulting
by Ben Hogwood

Theodore Pecor, the man who drove into another vehicle in Johnson,
killing three people, returned to court to change his plea on Friday,
May 28.
Pecor pled no contest to three felony counts of grossly negligent
operation with death resulting, and guilty to a misdemeanor charge of
possession of marijuana. The state dropped three charges of manslaughter.
In the agreement, Lamoille County State's Attorney Joel Page requested a
3 to 15 year sentence to serve for the felonies and a 5-6 month
suspended sentence for possession. The Department of Corrections will
conduct a pre-sentencing investigation before the Lamoille County Judge
imposes the penalty at Pecor's sentencing. While a date for the
sentencing has not yet been set, Carl Davis, of the Department of
Corrections, said the PSI will take approximately six weeks.
According to the court papers, Pecor was returning from a University of
Vermont drug program in Burlington on Route 15 when he hit a vehicle,
driven by Kevin Baker, 44, in the Willow Crossing area of Johnson on
November 29, 2001. Baker and passenger Dean Fountain, 69, were
pronounced dead at the scene. Lyman Dezotelle, 44, died a short time
later at Copley Hospital. The three were on their way to work at IBM.
Pecor, who sustained less serious injuries, was taken to Copley where he
gave urine and blood samples. A toxicologist from the Vermont Health Lab
found the urine contained high amounts of morphine, consistent with a
regular heroin user.
Pecor, an admitted heroin user, went to UVM the morning of the accident
to participate in a drug rehab program. While there, he was given a
methadone alternative which has drowsiness as a side effect. Pecor was
dismissed two hours after taking the medication. After the accident,
Pecor told an eye witness that he had "no idea" what had happened.
Some family members of the victims have filed a civil suit against the
UVM program, claiming it holds some degree of responsibility in the
accident.
Page said he made the offer to Pecor and his lawyer after talking with
both victims' family members and the Department of Corrections. The four
family members he had contact with were okay with the plea agreement, if
the judge imposed the minimum three year sentence, said Page.
Public Defender Marc Eagle told the News & Citizen that Pecor "felt
better for himself and the victims in foregoing a trial." He said that
while there are risks taking either path, this plea agreement or going
to trial.
Judge Edward Cashman, who is presiding over the case, told Pecor that if
he decides the agreement is too lenient, he will not hold him to the
admittance of fault, allowing him to proceed with a trial if he wishes.
The court has ordered Pecor to participate in a substance abuse program,
to attend a victim impact panel and to provide alco-sensor and urine
analysis samples upon request.