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Prosecutors: Man drove drunk and killed Middlebury man bicycling in Weybridge

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Posted on April 16, 2015 |
By John Flowers



KellyBoe.jpg
KELLY BOE

MIDDLEBURY — Twenty-seven-year-old Nathan Dearing, who had been barred from driving, got behind the wheel of a car while under the influence of alcohol and killed a 55-year-old Middlebury man who was bicycling with his wife in Weybridge early Tuesday evening, Addison County prosecutors allege.

Dearing, a Middlebury resident, pleaded innocent on Wednesday in Addison Superior Court, criminal division, to a felony count of driving under the influence with death resulting, and a misdemeanor count of driving with a suspended license for the fifth time. He faces up to 17 years in prison on the criminal charges and additional time on a separate, violation of parole offense.

Authorities allege that Dearing was intoxicated when he drove a red 1997 Subaru Impreza across the center line of Hamilton Road in Weybridge and hit Kelly Boe in plain view of his wife, Kathleen, who had accompanied him on the bike ride. Boe, manager of Middlebury College’s central heating plant, could not be revived at the scene, according to Vermont State Police Trooper Jake Bloom, who investigated the accident. He was transported to Porter Hospital by Middlebury Regional EMS, where he was pronounced deceased.

Dearing was arraigned before Addison Superior County Judge Robert Mello at 1 p.m. on Wednesday. Dressed in a sleeveless green shirt, brown pants and work boots, a shackled Dearing appeared calm as he listened to the court proceedings. He is being represented by Addison County Public Defender James Gratton.

Dearing was ordered held on $75,000 bail following his arrest on Tuesday evening. Addison County Deputy State’s Attorney Chris Perkett requested that his bail be raised to $100,000, noting Dearing’s record includes seven instances of failing to appear for court-related appointments. His extensive criminal record includes a felony larceny and several misdemeanor offenses, including two drunken driving offenses, unlawful trespassing, careless and negligent driving, speeding, retail theft and a Department of Fish & Wildlife violation. His record indicates that he has now been cited for driving with a suspended license three times this year alone.

Perkett also noted that Dearing has no job, nor a permanent address in Addison County at this time (court records listed a North Pleasant Street, Middlebury, address for Dearing). This, coupled with the prospect of a lengthy jail term if convicted, warranted bail at $100,000, Perkett argued.

Gratton argued that Dearing could not afford $75,000 bail, let along $100,000. He noted Dearing has been a lifelong Addison County resident and that his only other felony had been for a larceny, facts that Gratton argued should result in bail being kept at $75,000.

Mello agreed to hold bail at $75,000 and set several conditions for his release should he make bail. They include no drinking, driving or having any contact with the Boe family.

Bloom’s court affidavit states that he was called to the scene of the accident at around 5:36 p.m. on Tuesday. There, he saw Dearing and a companion, Tracy Yandow, standing by the Subaru. Down the road, he saw Kelly Boe laying on the ground. Kathy Boe was also present as emergency responders administered CPR to Kelly Boe, according to court records.

Dearing told investigators that he was driving east on Hamilton Road when he came around a corner to see “a man on a bicycle riding on the double yellow lines,” according to Bloom’s affidavit. “He said he swerved into oncoming traffic because he was attempting to avoid the bicyclist.”

Dearing told police he could not avoid hitting Boe, then drove off the road into a ditch before stopping, according to Bloom.

Kathy Boe told Trooper Eden Neary that she and her husband were riding their bikes west on Hamilton Road, when Dearing approached in the Subaru.

“She said she was in the middle of the westbound lane of travel while her husband was close to the shoulder of the westbound lane,” when Dearing approached in the Subaru, the affidavit states. “(She) said that the vehicle was partially in the westbound lane of travel, over the double yellow center line.”

Kathy Boe told police that she veered left (into the eastbound lane) to avoid getting hit, while her husband was unable to avoid the vehicle and was struck, according to court records.

“She said her husband flew up in the air and landed on his back in the position he was in when we arrived on scene,” Bloom’s affidavit states.

State police said Dearing agreed to submit to a breath test, which measured his blood-alcohol level at 0.111 percent, according to court records. The legal limit for driving in Vermont is 0.08 percent. Police conducted another breath test on Dearing back at the New Haven barracks, which yielded a blood-alcohol content of 0.108 percent, according to Bloom.

“The defendant stated he drank one 24-ounce Bud Ice can at approximately 4:45 p.m.,” Bloom’s affidavit states. “He stated it only took him approximately 5 minutes to drink the beer. He said he was drinking with Yandow and they were both drinking their beers in the car while driving around.”

KELLY BOE REMEMBERED

Boe graduated from Miami University in Ohio in 1981, and worked for International Paper Co., Danforth Pewter and KE Durasol, before coming to work at Middlebury College in 2009 as a heating plan operator. He became manger of the central biomass heating plant in 2013.

In a letter to the college community, Vice President for Finance and Treasurer Patrick Norton said Boe was a key force in helping the college exceed performance expectations for the biomass plant, and was a passionate advocate for our alternative energy initiatives.

Norton said that colleagues recalled Boe’s quick wit and positive outlook on life.

“I never saw him upset or with a frown on his face,” Mike Moser, director of facilities services, was quoted in Norton’s letter. “All the things we’re most proud of about that facility, Kelly and the staff made that happen.

“He’ll be missed in so many ways.”

Boe also gave his time in the community. Among other things, he served on the board of directors of the Addison Country chapter of Habitat for Humanity and the United Way of Addison County.

In addition to his wife, Kathy, Boe is survived by two children: Sara, 19, a student at McGill University in Montreal, and Andi, 15, a freshman at Middlebury Union High School.

“Kelly was an adoring father and passionate fan of his daughters’ sports teams,” Norton said in his letter. “Our hearts are broken by this news.”

Superintendent Peter Burrows informed those in the MUHS community of Boe’s death and said the schools’ crisis team was taking steps to help those in the schools who needed help dealing with the tragic death.

A Mass of Christian Burial for Kelly Boe will be celebrated on Monday, April 20, at 11 a.m. at St. Mary’s Catholic Church in Middlebury, with the Rev. William Beaudin as the celebrant.

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