http://www.courant.com/news/connecticut/hc-litchfield-fatal-dui-crash-20170227-story.html'Bodies Flying, Bike Parts Flying' — Woman Charged With Manslaughter, DUI
Daniel DePaolo, president of the Brotherhood of United Bikers, reacts during the arraignment of Elizabeth Waterbury. Waterbury was arrested following an accident that left a mother of three dead and five morotcyclists injured.
David Owens David OwensContact Reporter
A woman charged with vehicular manslaughter, assault and driving under the influence in connection with an October wreck that left a mother of three dead and five motorcyclists injured was ordered held on $800,000 bail Monday after her arraignment at Superior Court in the Bantam section of Litchfield.
Elizabeth Waterbury, 57, of Goshen Road, Litchfield, was a driver in a collision that killed Aislinn Kern, 33, of Harwinton, a passenger on a motorcycle, and seriously injured bikers Edmond Kern — Aislinn's husband — Daniel DePaolo, Jason Spielman and Vincent Anderson on Oct. 23, according to state police. Cynthia Spielman also suffered minor injuries.
Waterbury was charged Friday and appeared in court Monday, where her bail was reduced from $1 million.
Litchfield State's Attorney David Shepack urged Judge Paul Matasavage to leave Waterbury's bail at $1 million, arguing that the allegations against her were serious and that there was reason to believe Waterbury has continued to drink and drive since the collision that devastated members of the Brotherhood of United Bikers motorcycle club.
When state police took Waterbury into custody Friday state troopers reported that she was staggering, her eyes were blood shot and that she smelled of alcohol, Shepack told the judge.
"She's a danger to herself and the community," Shepack said.
Manslaughter, DUI Charges Filed In Fatal Litchfield Wreck
Waterbury's defense attorney, Bill Ward of Litchfield, told the judge that he met with Waterbury Friday evening and he did not detect the smell of alcohol, and Waterbury did not appear to be impaired.
The small Bantam courtroom was filled with Aislinn Kern's family and her friends from the motorcycle club, several of whom suffered severe physical injuries.
Waterbury completed 18 months of probation shortly before the crash for a conviction on a charge of criminal mischief. Before that, according to the warrant for her arrest, she was arrested twice for drunken driving, on Oct. 9, 2007, in New York, and on June 28, 2013, in Connecticut. There is no record of the Connecticut arrest on the state judicial website, which means the case was likely dismissed after Waterbury completed a pretrial diversionary program.
According to the warrant for Waterbury's arrest, the state police investigation into the case revealed that Waterbury veered from the northbound lane of Route 63 in Litchfield into a group of 18 motorcyclists who were driving south on Route 63. She claimed in a statement to police that she drove into the southbound lane to avoid a bike that drove into her lane, but the investigation revealed no motorcycles had crossed the center line, according to the warrant.
In addition to statements from several witnesses that tell the same story, state police recovered video of the crash from the nearby Forman School. Another motorcyclist who was ahead of the group Waterbury struck told state police he saw her reach for something in her Ford Escape SUV and take her eyes off the road.
Testing of Waterbury's blood after the crash revealed blood alcohol levels of .09 and .08. In Connecticut, .08 is considered legally drunk.
After the crash, according to the warrant, Waterbury tried to hide a bag containing two bottles of wine and a prescription bottle with Waterbury's name on it containing the antianxiety drug lorazepam. Lorazepam and the antidepressant citalopram were also detected in Waterbury's blood, according to the warrant.
State police also obtained medical records for the motorcyclists injured in the crash. Toxicology tests showed that none had consumed alcohol or drugs that were not prescribed to them.
The charges against Waterbury include second-degree manslaughter with a motor vehicle, four counts of second-degree assault with a motor vehicle, third-degree assault, interfering with an officer, tampering with evidence, driving under the influence and failure to drive in the proper lane.
Aislinn Kern, a mother of three who owned a photography business and home-schooled her children, was a passenger on a motorcycle driven by her husband, Edmond Kern. Aislinn Kern was thrown from the motorcycle during the crash and badly injured. She died later at Hartford Hospital.
"She always had a smile on her face," said Vincent Anderson of Bristol, who suffered severe head and facial injuries in the crash and did not regain consciousness for a day and a half.
Dan DePaolo, the president of the motorcycle club, lost his left leg in the crash and just two weeks ago received a prosthetic leg. He has already undergone seven surgeries.
DePaolo has been out of work since since the crash, and is unable to ride, but he said he hopes to get back to both soon.
The events of Oct. 23 are fresh in his and other club members' minds.
"We were out for a foliage ride," he said. "It was the end of October, the colors were changing." DePaolo's club had joined with another club from Thomaston. They met that morning for coffee, then took to their Harley Davidsons and rode throughout Litchfield County.
"We were on our way back down to Thomaston," he said. "It was a laid-back, relaxing ride."
"And then carnage hit," said club member Chris DeLeon. "When we took the right onto 63, I was right behind Eddie and Aislinn. It was an implosion of motorcycles and people — bodies flying, bike parts flying."
The physical injuries are still evident. Anderson and Jason Spielman both wear their arms in slings. Those injuries will heal, Jason Spielman said, but the psychological injuries endure.
His wife, Cynthia Spielman, undergoes counseling for treatment of post traumatic stress disorder. "You open your eyes to the image of your husband lying on the ground looking like he's dead," she said. The wreck haunts her, makes it difficult to sleep and causes her to cry.
She said she'll never ride a motorcycle again.
"That might not seem like a big deal to some," Jason Spielman said, "but riding is a big part of our life."
DePaolo and his friends wore leather vests with their club logo to Waterbury's arraignment. Affixed to each is a patch with the date of the crash, 10.23.2016. Some also have tattoos of the date.
The crash took a valued friend and hurt some members badly, but DePaolo said the group continues to ride. "This is who we are," he said. "It slows you down and it sets you back. Setting us back is not stopping us."
And now that Waterbury has been charged, DePaolo said, "Hopefully it can start to come to an end now."
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