GREAT BARRINGTON -- Prosecutors plan to seek a grand jury indictment in Berkshire Superior Court against the driver being blamed for the death of a Lenox teenager in a fiery crash late last year in Lee.
Gregory Barry, as assistant district attorney with the Berkshire District Attorney's Office, said on Thursday the case again Philip K. Baruch Jr., 18, of Lenox, will be presented soon to a superior court grand jury.
Barry's comments came during Baruch's arraignment in Southern Berkshire District Court on charges in connection with the crash that caused the death 17-year-old Remy Kirshner, a junior at Lenox Memorial High School. Baruch is a senior at the school.
Through his attorney, Leonard M. Cohen of Pittsfield, the 18-year-old Baruch pleaded not guilty to one count each of speeding and motor vehicle homicide while driving under the influence of alcohol and doing so negligently.
The vehicular homicide charge carries a penalty of up to 15 years in state prison.
Judge Paul Vrabel allowed Baruch, who had a cast on his left arm and walked with the assistance of a cane, to remain free on his own personal recognizance pending another district court appearance on March 15. Vrabel did order the young man to refrain from drinking alcoholic beverages, using illegal drugs at all times, and driving for the next 30 days.
Cohen said his client, who appeared in court with his parents, will abide by those conditions.
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According to court records, Baruch sustained a broken wrist and leg and had blood alcohol content above the legal limit of .08 percent. The testing was done at Berkshire Medical Center 90 minutes after the crash.
"[Officers] detected a strong odor of an alcoholic beverage emitting from Baruch's breath and person," according to the Lee police report submitted to the district court.
The charges stem from the early morning crash on Dec. 30 in Lee, in which the BMW Baruch was driving crashed into a tree on Greylock Street. The impact caused the gasoline line to rupture, sparking a fire that engulfed the BMW. While Baruch was able to escape the wreckage, Kirshner was trapped, unable to be rescued by a neighbor who was kept back by the intense flames, police said.
A state police accident reconstruction team determined Baruch was driving an estimated 45 mph in a 25-mph zone.
"[There were] no skid marks or gouges in the road indicating any type of braking, swerving or evasive action taken by the driver of the BMW immediately prior to impact," police said.
Local authorities have yet to give a timeline of where Baruch and Kirshner had been leading up to the deadly crash.
To reach Dick Lindsay:
rlindsay@berkshireeagle.com,
or (413) 496-6233.
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