Lenox man offered plea deal in vehicular homicide case that killed teen


PITTSFIELD -- A Lenox man, charged with vehicular homicide while under the influence of alcohol following a car crash in Lee in which a passenger died, is scheduled to go to trial next month but a plea deal may be in the offing.

The attorney for Philip K. Baruch Jr., 19, of Golden Hill Road in Lenox, told a Superior Court judge on Thursday that "an offer has been made" by the Berkshire District Attorney's Office and he would be discussing it with his client.

Barring a plea deal in the case, attorney Leonard H. Cohen, who represents Baruch, said the case would be placed on next month's trial list.

Police said that on Dec. 30, 2011, Baruch was driving 20 mph over the speed limit when he crashed his father's BMW on Greylock Street in Lee near the intersection with Maple Street. The car hit a tree head-on and the passenger, Remy Kirshner, a 17-year-old from Lenox, was trapped in the wreckage, which burst into flames, police said.

Baruch was able to get free of the vehicle; he suffered a broken wrist and other injuries, according to police.

Baruch has pleaded not guilty to single counts of vehicular homicide while under the influence of alcohol and speeding. He remains out on personal recognizance.

At Thursday's final pretrial conference in Berkshire Superior Court, Cohen and Assistant Berkshire District Attorney Gregory Barry discussed the case with Judge Daniel A. Ford.

Cohen told the judge he believed they would know whether there would be a plea deal in the case by the beginning of January, if not sooner.

At the time of the crash, Baruch was a senior at Lenox Memorial High School, Kirshner was a junior at the same school.


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