Leary had a blood alcohol level of .19 -- twice the legal limit, Assistant District Attorney James R. Goodhines said.
03.28.2011 | SPRINGFIELD - Daniel Leary of Southwick stands in Hampden District Court during his arraignment on vehicular homicide charges. This is an update to a story posted at 11:37 a.m.
SPRINGFIELD – Springfield District Court Judge William J. Boyle set bail at $10,000 cash Monday for Daniel Leary, a 35-year-old Southwick man who pleaded innocent to motor vehicle homicide while driving when intoxicated.
Leary is charged in the West Springfield death of 29-year-old David Laduzenski of Somerville. Laduzenski grew up in West Springfield and was home visiting his family over the weekend, a prosecutor said.
Laduzenski was in the driveway area of a friend’s house on Dewey Street at about 10:20 p.m. Friday when he was struck by Leary, who had a blood alcohol level of .19 -- twice the legal limit, Assistant District Attorney James R. Goodhines said.
Members of Laduzenski’s family sat quietly, some holding tight to each other, as they waited for the arraignment. In addition to Laduzenski’s family from Western Massachusetts, family members of Laduzenski’s girlfriend from Eastern Massachusetts were in the courtroom.
Family members of Leary, 35, of 21 John Mason Road, Southwick, sat across the aisle.
Goodhines said that, according to police responding to the accident, the vehicle’s owner, Peter Desrosiers, said Leary was driving because he (Desrosiers) was “more intoxicated” than Leary.
03.28.2011 | SPRINGFIELD - Family of David Laduzenski attend Daniel Leary's arraignment in Hampden District Court Monday. Defense lawyer Daniel Shea argued Leary should remain free on the $1,000 bail set Friday night. Goodhines said at that time Laduzenski had not died, and now that the crash has become a fatal, bail should be increased.
Laduzenski sustained severe head injuries. He was taken off life support Sunday and died in the evening, Goodhines said.
Leary also pleaded innocent to possession of cocaine and a traffic violation, crossing marked lanes.
The crash happened near 461 Dewey St. as Leary drove west, police said.
Goodhines said the accident reconstruction work is ongoing but it appears Leary veered into the wrong lane and clipped some mailboxes in addition to hitting Laduzenski.
West Springfield police said police believe that Laduzenski had been on the side of the road, or perhaps even off it a bit in the driveway at that address, when he was struck.
Police, still probing the accident, are seeking witnesses. Those who may have seen something are asked to call (413) 263-3210.
Boyle, at the request of the prosecution, told Leary if he is released on bail, he cannot drive a vehicle and must remain drug and alcohol free.
Shea, in arguing for the $1,000 bail to remain, said Leary had been told Laduzenski died Sunday, but nevertheless reported for court as told Monday.
Shea said Leary is a lifelong resident of this area and lives with his wife and two children.
He said Leary has a long work history.
A pre-trial conference will be held April 29.