NEWBURYPORT – Five years after Newburyport High School students Trista Zinck and her boyfriend, Neil Bornstein, were run down by an intoxicated William White, White is back in prison.
White, 24, of Newburyport, was taken into custody yesterday for violating his probation and could receive a prison term of up to 15 years when he is sentenced next week. White had already served nearly three years in jail for killing Zinck, 16, and severely injuring Bornstein. Bornstein still struggles with injuries today.
Last week, White was seen at the Seabrook '99' Restaurant drinking a 24-ounce "blockbuster" Samuel Adams beer. Under the terms of White's probation, he was not to use alcohol for five years after serving his prison sentence, which ended in January 2007.
A server, who was a classmate of White's at Newburyport High School, recognized him and alerted other servers, who called Newburyport police.
"The fact that any alcohol touched his lips shows a lack of respect," Salem Superior Court Judge David Lowy said during yesterday's hearing. "It makes a mockery of the harm he has done."
Zinck and Bornstein were hit by White as they walked along Ferry Road in the snowy early evening of Jan. 7, 2003. Zinck died from her injuries, while Bornstein survived with serious brain and leg injuries.
White fled the scene, nearly hit another car, then rolled his Blazer farther down the road. He was uninjured. When he was arrested after a short chase, police found 32 empty beer cans in his Blazer. Police said White was so drunk he couldn't stand up without help.
During the hearing, Carolyn Bornstein read a prepared victim impact statement that spoke of her son's life since the accident.
Since Neil Bornstein's brain injury, he has been severely depressed and on anti-depressant medication after attempting to commit suicide during his freshman year of college.
After teaching mathematics for one year in Vermont, he was let go and told he was too depressed to work.
"He had a perfect SAT score of 800, and now he has had a suicide attempt, had to drop out of classes, memory loss and he couldn't keep his first job," Bornstein said.
Mary and David Zinck gave tearful accounts of their last five years without their oldest daughter.
"I've never heard him have any remorse, and his feeling toward us has always been he should get over it and move on with his life," Mary Zinck said as she fought back tears. "He needs to accept what he did because I am so afraid he will do this to another family."
David Zinck spoke of the stiff warning Judge Patrick Riley gave White during his initial sentencing and asked Judge Lowy to take it into account as he sets White's new prison sentence.
"He said if he violated his probation, he would have 15 years hanging over his head," David Zinck said. "He had a chance to get his life together, and he obviously didn't. Two years and nine months for the murder of my daughter is nothing when we are serving a life sentence, and that will never change."
White's attorney, Scott Gleason, told the judge the most recent violation is his only misstep since the charges in 2003 and he is remorseful.
"He fully admitted, he pled and he has taken responsibility," Gleason said, noting that since he has left prison White has consistently worked at Sylvan Street Grille in Salisbury and attended college classes. White was recently accepted into the nursing program at Northern Essex Community College for the fall. "He has taken responsibility for the tragedy beyond description. He is not a man of great words, but through his actions he shows he gets it, he is trying to make the best of his life."
But Assistant District Attorney William Melkonian and probation officer Miriam Gilado painted a different picture of White, referencing his reckless driving record prior to his felony in 2003 and his recent resistance to alcohol treatment.
"I mentioned additional counseling, but he was resistant to it," Gilado said. "This one alcohol use shows us it is the one time we actually caught him. The one time he hurt two people is enough for us."
"I have been on numerous home visits to Mr. White's home," Gilado said. "I stressed to him the need to be sober and comply with his probation, and he did comply except for the no use of alcohol."
Melkonian yesterday recommended White be sent back to prison for the maximum 10 to 15 years, while Gleason, recommended White be fitted with an ankle bracelet and be given probation.
Yesterday White waved his right to a full probation hearing by admitting he violated probation.
White has finished serving a 21/2 year sentence for motor vehicle homicide; an additional year for leaving the scene of an accident resulting in a death, and a year, running concurrently, for leaving the scene of an accident resulting in personal injury.
He was in the process of serving five years probation for aggravated assault and battery, attending alcohol and drug treatment programs, remaining drug and alcohol free and completing 1,500 hours of community service. He was fined the maximum $50 for being in possession of alcohol at the time. The charges originally brought against White carried a combined maximum prison sentence of more than 40 years, with the vehicular homicide and the aggravated assault charges carrying a 15-year maximum prison sentence each.
Melkonian yesterday noted White's original sentence was "generous."
After a 10-minute deliberation, Judge Lowy set a court date of Tuesday at 9 a.m. for official sentencing.
"I will impose a state prison sentence in the case, but it is a difficult decision to make, and I need more time to think about and decide on a period of time," the judge said.
White will be held at the county jail in Middleton until his sentencing.
As White was put in handcuffs and escorted out of the court room, the Zincks and Bornsteins tearfully watched.
"I don't know the end result," Mary Zinck said. "I'm glad the judge listened to us and understood pretty clearly that (White) has made a mockery of what he has done. It's good to know the judge felt how we did."
