Fatal DWI driver gets 5-7 years for violating probation / Drinking shows White 'just doesn't get it," judge says

By Katie Curley
Staff Writer

May 14, 2008 12:34 am

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NEWBURYPORT — William White will spend the next five to seven years of his life behind bars in state prison.

Judge David Lowy sentenced White, who killed Newburyport teen Trista Zinck and seriously injured Neil Bornstein in 2003 while driving drunk, for a probation violation. White was forbidden from drinking until 2012, but was spotted recently at the Seabrook 99 Restaurant drinking a 24-ounce "blockbuster" Samuel Adams beer. He was taken into custody last week.

"Sadly the defendant took a person's life and caused the other harm," Judge Lowy said. "The fact Mr. White even had a drink again, that alcohol ever touched his lips, indicates he just doesn't get it."

White, 24, of Newburyport, sat stonefaced during most of the sentencing, occasionally shutting his eyes and breathing deeply.

As his sentence for violating his probation for aggravated assault and battery with a dangerous weapon (a vehicle) was read, White stood, hands clasped at his waist, staring straight ahead.

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; Bornstein survived, but suffered serious brain and leg injuries. Bornstein still struggles with injuries today.

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 vehicle. Police said White was so drunk he couldn't stand up without help.

Yesterday before the sentence was read, Assistant District Attorney William Melkonian asked the judge if Bornstein could say a few words.

Bornstein's mother, Carolyn, read a victim impact statement at last week's probation violation hearing, but her son did not attend that court session.

"He (William White) is reckless and he probably will hurt someone again," Bornstein said quietly, looking at White as he spoke. "I just hope it's 10 years before he can."

White's attorney Scott Gleason had objected, noting they were there for sentencing and if Bornstein could take the stand then so too would witnesses from the defense.

White's older sister, Kim White, took the stand as well as his girlfriend of one year, Elizabeth Bringola.

Kim White spoke of growing up with her brother and how the family always tried to guide him in the right direction. At the request of Gleason, Kim White referenced her brother's stellar report cards and acceptance into a nursing program at Northern Essex Community College for the fall. She said sending her brother to prison would not provide him with the help he needs.

"It's mind-boggling to me he had a drink. I wanted to kill him I was so hurt and angry," Kim White said. "People make him out to be this monster, but he made a stupid mistake and it will ruin the rest of his life."

Bringola painted a picture of White as a family man, helping her care for her children and serving as a role model while adhering to his probation. "I think people have a misperception as to what he has been doing," Bringola said, noting he has been working and going to school. "He has been doing the right thing."

White has already served nearly three years in Middleton Jail for killing Zinck, 16, and severely injuring Bornstein. White was released in early 2007.

While last week Melkonian recommended a prison sentence of 10 to 15 years for the violation, Gleason pushed for White to be fitted with an ankle bracelet and be given probation.

"Judge Riley clearly stated what would happen if there was a violation," Lowy said, referencing past court transcripts. "Mr. White must deal with this every day and try to make something of his life, an opportunity Trista lost and Mr. White has made more difficult for Mr. Bornstein."

Lowy noted White's attempt at rehabilitation, the amount of acceptance of responsibility for his actions and his danger to public safety were all taken into account as he decided the sentence, one in keeping with similar cases tried at Salem Superior Court.

"Mr. White does not truly appreciate the extent of the pain and anger he has caused," Lowy said sternly.

After sentencing, the Zinck family, the server from the 99 restaurant (a high-school classmate of White's who first reported seeing him drinking at the 99), Bornstein and his mother said they felt relieved by the sentence.

"This was the first time I heard a judge get it," Mary Zinck said, her husband adding the "middle ground" sentence was just.

"I used to feel bad for him," Carolyn Bornstein said. "I believe in second chances, but he had a third and fourth chance. And he is now 24, and he has to figure out for himself that he has a problem."

White was sentenced to five to seven years in MCI Cedar Junction State Prison, seven days deemed served, $90 Victim Witness Fund. White will not have an opportunity to be paroled for five years. According to a spokesperson for District Attorney Jonathan Blodgett, White can appeal his sentence within 30 days of sentencing. As of yesterday afternoon, no appeals had been filed.

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