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off piste
April 25th, 2006, 11:43 AM
The story said he was a member of a sponsored MTB team and he lives in Littleton, MA:


http://www.sentinelandenterprise.com/ci_3749591

Suspect posts bond in motor vehicle homicide case
By J.J. Huggins


Katelyn DiSessa's aunt, Cheryl Medeiros, cries during David Zoller's arraignment at Clinton District Court, Monday. (SENTINEL & ENTERPRISE PHOTO / SARAH BRITAIN)

CLINTON -- Cheryl Medeiros walked into court Monday morning holding a white baby blanket that had been meant for her niece's son.

She, along with roughly two dozen other distraught family members, attended the arraignment for the man who police say drove drunk and caused the wreck that killed Katelyn DiSessa, 21, and her unborn child.

"She just wanted to be the best mother she could be," Medeiros said to a group of reporters standing in the hallway at Clinton District Court.

DiSessa was engaged to be married to James Rousseau, 21. The baby, which was due in late May or early June, would have been the couple's first.

Police allege David E. Zoller, 33, of 14 White Pine Drive, Littleton, crossed the center line on Sterling Street/Route 62 in Lancaster shortly before 6 p.m. on Saturday, and struck the couple's sport utility vehicle.

The impact left DiSessa trapped inside the SUV. Firefighters extricated her and rescue crews transported her to Clinton hospital, where she was pronounced dead on arrival, according to police.

Medical workers tried to save the baby, but couldn't, according to police.

Rousseau, who had been at the wheel of the couple's Chevrolet SUV, sustained minor injuries, according to police.

Zoller escaped injury, according to police.

Zoller appeared in Clinton District Court on Monday morning, facing two counts of motor vehicle homicide while operating under the influence of liquor, failing to keep right for an oncoming vehicle and a marked lanes violation.

District court Judge Martha Brennan ordered him held on $50,000 cash bail, or $500,000 surety on Monday.

"I think the judge did the right thing," Rousseau's mother, Denise, said during an interview at her home on Wilson Street in Clinton after the hearing.

Sheriff's deputies took Zoller to the Worcester County House of Correction on Monday.

He posted bail at the jail late in the afternoon, according to Keith Mitchell, a spokesman for Sheriff Guy Glodis.

"He's getting bailed out," Mitchell said.

Some of DiSessa's and Rousseau's family members sobbed loudly while sitting in court that morning.

The couple were ecstatic to be having their first child, their family members said.

The crash happened when they were driving home to their new apartment at 18 Green Wood Drive in Leominster -- where they already had a room for the baby -- family members said.

"She wore her seat belt every time she got in the car ... and this guy was coming at them drunk," Medeiros said.

DiSessa had been looking forward to motherhood, and her baby shower on April 1 was one of the happiest days in her life, Medeiros said.

"She was like, 'Auntie, I can't wait to see my baby,'" Medeiros said.

The baby would have been named James Jr., according to Rousseau's father, Gerry, who also attended the arraignment.

Rousseau, after the crash, kept asking if his bride-to-be would be all right, according to Lancaster Police Officer Juan D. Ramos.

"All he said was, 'Is she going to be OK?'" Ramos wrote in his police report, which graphically described the scene where DiSessa was trapped inside the SUV.

Steven Fugure, an off-duty Sterling police officer, witnessed the wreck and told Ramos he was driving behind the couple's SUV when Zoller began driving straight at them, according to Ramos' report.

Rousseau, who was heading west, swerved to the left to avoid Zoller's white 2003 Ford van, but the van struck the passenger's side of the SUV, Fugere told Ramos, according to Ramos' report.

Zoller smelled like alcohol, slurred his words and had bloodshot eyes when he spoke to Ramos after the crash, according to Ramos' report.

Police arrested Zoller after he failed field sobriety tests, according to Ramos.

He admitted he had "two or three beers" at his friend's house after going mountain biking at the Worcester airport, according to another report written by Lancaster Police Officer John T. McNally.

McNally later informed Zoller that DiSessa had died and medical workers were trying to save the baby, while Zoller sat in the prisoner's cage at the Lancaster police station, according to McNally's report.

Zoller responded by saying, "OK," McNally wrote.

McNally then talked to Zoller about a half-hour later, after the hospital called and told the officer the baby died too, according to McNally's report.

Zoller again replied by saying, "OK," McNally wrote in his report.

"He showed no emotion whatsoever, nor did he ask any questions about the victims of the accident," McNally wrote.

Police held Zoller on $50,000 cash bail until his arraignment on Monday.

He appeared in court Monday morning, handcuffed and wearing a green long sleeve Burton snowboards T-shirt.

He had a mowhawk-style haircut, and didn't speak or show any expression during the hearing.

Assistant District Attorney Erin Donnelly told the judge that prosecutors have credible witnesses and a strong case against Zoller, when asking the judge to order him to continue to be held on $50,000 cash.

"Although he has no criminal record, the allegations are extensive and major," Donnelly argued.

Zoller's attorney, John Gallant of Chelmsford, called his client "a fine gentleman" and asked the judge to set bail at $5,000.

"We understand this is a tragic case," Gallant told the judge.

Zoller lost his license because of the crash, and is not likely to flee while the case is pending, Gallant said.

He helps support his parents -- his father is 72 -- and the family "is not of substantial financial means," Gallant said.

"Mr. Zoller is a member of a sponsored mountain biking team," Gallant added.

Brennan listened to the lawyers' arguments, then sided with the prosecutor.

Zoller is due back in court for a pre-trial conference on May 23.

He had several family members in court, which Gallant pointed out to the judge.

Zoller's supporters declined to be interviewed by the throngs of print and broadcast media waiting outside the courthouse.

"We're just here to support him," said one man in Zoller's family's group.

DiSessa moved in with her sweetheart's family when she was 16, James Rousseau's family members said.

James Rousseau, who works as a mechanic, recently bought a motorcycle for himself, in order to let DiSessa use the couple's SUV whenever she needed it, his family said.

The crash has left the SUV severely damaged, according to police.

Rousseau's brand-new Suzuki motorcycle sat in front of his parents' house on Monday.

CouchingTiger
April 25th, 2006, 05:30 PM
Oh man, that is absolutely tragic. Sounds like it could be just about anyone on this forum; go ride, have a couple beers and head home.

I think this horrible incident is a prime example of why you should never, ever drive after drinking. For most people it only takes a couple to throw you over the limit and impare you. It is simply not worth it, ever.

-Couch

slapheadmofo
April 25th, 2006, 10:03 PM
I've ridden and hung out with Dave on occasion. Good guy who loves to ride. What a miserable thing to happen.

heckler
April 25th, 2006, 10:30 PM
Oh man, that is absolutely tragic. Sounds like it could be just about anyone on this forum; go ride, have a couple beers and head home.

I think this horrible incident is a prime example of why you should never, ever drive after drinking. For most people it only takes a couple to throw you over the limit and impare you. It is simply not worth it, ever.

-Couch


Especially after a ride wehre you are going to be dehydrated.

Sucks all around.

bullitfreerider
April 27th, 2006, 11:58 AM
Where's the compassion for the victims? "Two or three beers"?
This guy was dead drunk and should spend time in prison.
I'll bet it wasn't his first OUI.....just the one that ended in ruined lives.

heckler
April 27th, 2006, 02:25 PM
I don't think anyone here is suggesting that because he was a rider makes him less (allegedly) guilty as sin! Just noting the connection and shouting out a warning to others. I agree, 2-3 beers? that would make him the world's cheapest drunk.

Tim
April 27th, 2006, 02:59 PM
Dunno 'bout the cheap drunk - even a couple of beers after you're already tired from a ride can have an effect. I think Couch has it right - don't drive (at all) after drinking (anything).

One thing's for sure - 3 lives got ruined.

Tim

storkula
April 27th, 2006, 04:52 PM
Yeah bad news. I've been following the articles. Truely a tragedy.

I feel naturally drunk after hard rides. Dehydrated and fatigued. I even catch myself saying to myself "jeez I feel friggin drunk".

Aledged...

bullitfreerider
April 27th, 2006, 08:29 PM
Actually, far more than three lives were ruined....fathers, mothers
and kin have now had their lives shattered. OUI is preventable
and leaves no room for excuses. Shattered lives can never be fixed.

Scott O
April 28th, 2006, 01:45 AM
Agreed. But unless you were there, saw him drink the drinks, you might want to hold back justice until everyone has their say in court. Nothing good at all will come of any of this. Horrible situation. However, by going soley on information from the media, you cannot rush to judgement.

radair
April 28th, 2006, 09:01 AM
...This guy was dead drunk and should spend time in prison...

Maybe you have inside info, but I don't think you can jump to this conclusion based on the cited media report. Field sobriety tests are far from conclusive and no blood alcohol numbers are given above.

Yes, it totally sucks for the victims, no one has said otherwise.

huff'npuff
April 28th, 2006, 09:01 AM
Agreed. But unless you were there, saw him drink the drinks, you might want to hold back justice until everyone has their say in court. Nothing good at all will come of any of this. Horrible situation. However, by going soley on information from the media, you cannot rush to judgement.


Right.He could have had one beer and actually been fine,but if the accident happened only minutes after he did,and they administered a breathaliyzer test he would be legally drunk.
The media tends to sensationalize whenever they can. Let's wait and see.

CouchingTiger
April 28th, 2006, 09:30 AM
...This guy was dead drunk and should spend time in prison...

Maybe you have inside info, but I don't think you can jump to this conclusion based on the cited media report. Field sobriety tests are far from conclusive and no blood alcohol numbers are given above.

Yes, it totally sucks for the victims, no one has said otherwise.


Great minds radair. PK and I were discussing last night and I mentioned the exact same thing, that I hadn't actually seen numbers just media reports on slurred speech and failed field tests (after a headon collision I wonder how your motor skills are impacted). I'm not sticking up for the guy. If he was drunk, he should pay the consequences. However, the way the media works, if he wasn't drunk, we'd never hear about it.

Anyhow, they threw him in jail so I assume he failed the real tests at the station.

I think the best thing to take away from this is to not let it happen to you. Think of how it would effect your families. Picture yourself in that arraignment photo for a minute. Now imagine yourself on the other end of the stick, watching the guy whose actions killed your family walk into the courtroom.

No place for anyone to be.

-Couch

bullitfreerider
April 28th, 2006, 09:41 AM
Hmmm.....what am I missing here. Head on collision on the wrong side of the road after having "two or three beers"?

But, you're all right. I just remembered how the media got it wrong
during the first reports of the Murhpy tragedy here in Southboro.
The press reported that the police said that it appeared that no alcohol was involved. The subsequent facts revealed the opposite. They were drinking at a party. In this case, there hopefully won't be a cover up by the DA or State AG.

MTBME
April 28th, 2006, 10:01 AM
"Head on collision on the wrong side of the road "

I'm embarrased to say I've found myself on the wrong side of the road a few times. Spilling a coffe in my lap, trying to pick up something off the mat, trying to put a CD in the radio etc. Not trying to make a judgement or make excuses for what happened but its a reminder how everything can change in an instant.

vinnycactus
April 28th, 2006, 10:02 AM
I'll bet it wasn't his first OUI.....



actually it is. according to reports, he had no criminal record and a nearly spotless driving record.

still doesn't make it right. i've ridden and snowboarded with dave numerous times and considered and still consider him a friend. unfortunately good people make bad decisions. decisions at time hurt others. decisions where consequences must be faced.

it is beyond tragic that a young soon to be mother and her child lost their lives and a young father was left alone.

off piste
April 28th, 2006, 10:12 AM
"Head on collision on the wrong side of the road "

I'm embarrased to say I've found myself on the wrong side of the road a few times. Spilling a coffe in my lap, trying to pick up something off the mat, trying to put a CD in the radio etc. Not trying to make a judgement or make excuses for what happened but its a reminder how everything can change in an instant.


I'd say, for whatever reason, crossing or coming very close to crossing the centerline is one of the most prevalent maneuvers on the road today, and I have noticed it increasing over the last 10 years or so. In the 80's it was tailgating, now it's this. Do an experiment today -- while driving, consciously make an effort to see how many buttholes either ride the centerline or actually cross it. You'll be amazed. No explaination, just observation.

bullitfreerider
April 28th, 2006, 10:25 AM
<<actually it is. according to reports, he had no criminal record and a nearly spotless driving record.>>

What I meant was that it probably wasn't his first time OUI, as in
drinking and driving. Lots of folks are lucky not to get caught.

Scott O
April 28th, 2006, 10:35 AM
Bullit - you're making a lot of ASSUMPTIONS. None of us know the actual facts. I would not want you on my jury.

off piste
April 28th, 2006, 10:43 AM
Bullit - you're making a lot of ASSUMPTIONS. None of us know the actual facts. I would not want you on my jury.


That's what jury screening's are about.

bullitfreerider
April 28th, 2006, 10:49 AM
Bullit - you're making a lot of ASSUMPTIONS. None of us know the actual facts. I would not want you on my jury.


On an OUI case, you're right. Must be my age.....seen too much over the
years related to OUI and even other drinking tragedies.

Rych
April 28th, 2006, 11:13 AM
Bullit - you're making a lot of ASSUMPTIONS. None of us know the actual facts. I would not want you on my jury.


Hmmm, makes me wonder if your defending your own behavior? 1 beer+plus a couple of hits of XTR + a dehydrated rider = Equals an irresponsible driver.

bullitfreerider
April 28th, 2006, 11:34 AM
Years ago, I happened to be talking to this guy who had attended
a party. He had thrown down the drinks but then felt he was in
trouble.....having a heart attack. Luckily there was a doctor at the party who helped him. ......turns out he was completely dehydrated after having been involved in a sports event......the doc got him hydrated, gave him a lecture about hydration and boose and he recovered.

After a hard ride, I usually order one or two ice teas, some water
and then maybe the beer with food......tequila is not an option. :^)

heckler
April 28th, 2006, 12:35 PM
Not making ANY judgements here but as has been said about people who get pulled over for speeding/running red lights, etc. They may claim it is the first time they have ever done such a thing but in reality, it is the first time they got caught.

Unfortunately in this case he seems to have been impaired enough for this tragedy to happen. Forget about drinking. How many times have you had a cell phone user drift across the line? Just as fatal. But legal. Go figure.

Mr_Cheeze
April 28th, 2006, 02:21 PM
Hopefully not for long, if our legislators ever get a clue and ban cell phone use while driving. Anybody see the episode of Mythbusters where they compared DUI with driving while holding and talking on a cell phone? There was virtually no difference between both drivers who failed their respective tests. I swear, 1 out of 3 people I see driving have a cell phone pegged to their ear, and they are usually noticable because they're doing something that brings them notice, like swerving or sudden turning without use of blinker.

Sorry for the minor thread hi-jack, but it's a big pet peeve of mine. It also happnes to be a graver danger considering, as heckler stated, it is still legal to drive while using a cell phone.

bullitfreerider
April 28th, 2006, 04:46 PM
Yes, riding a RBK gets a little scary around Metro West,
what with cell users/drivers. The facts still remain, however,
that OUI drivers kill and injure others hands down over
mobile cell users.....not even in the same universe.