Man, 29, faces charges in crash that killed one

Leo R. Coleman, 29, Chaumont-Depauville Road, was charged Thursday with aggravated vehicular homicide in connection with a June 28 accident in which a Chaumont man was killed and his wife injured.

He also is charged with first-degree vehicular assault, driving while intoxicated, reckless driving and seventh-degree criminal possession of a controlled substance, cocaine.

The charges, lodged by the Jefferson County Sheriff's Department, result from the collision about 5:30 p.m. at county routes 54 and 125 in the town of Clayton in which Robert B. Burkard, 47, was killed and Tammy L. Burkard, 43, of 27374 Mill St., Chaumont, was seriously injured.

Mrs. Burkard and her son, Zachary, 6, who also was injured, were among 11 family members who attended Mr. Coleman's arraignment Thursday afternoon in town of Watertown Court.

Justice James P. McClusky set bail at $10,000 at the request of Mr. Coleman's attorney, Gary W. Miles. Mr. Coleman, who was accompanied in court by his father, Leo R. Coleman Sr., was detained briefly in the Metro-Jefferson Public Safety Building until bail was posted later in the day.

District Attorney Cindy F. Intschert had requested a probationary release under "significant supervision," including the requirement that he wear a global positioning device. She suggested that Mr. Coleman presents "a significant risk of flight."

Mr. Coleman was using crutches while in court. Mr. Miles argued that his client has had two months to flee if that were his intention.

Documents filed with the court allege Mr. Coleman was driving on Route 54 at a speed of about 81 mph and failed to keep right when the accident occurred. He had a blood alcohol content of 0.17 percent, determined from a blood test subsequent to the accident, a document alleges.

Under state law, 0.08 percent BAC constitutes intoxication. He was just below the 0.18 percent threshold established by state law for aggravated DWI.

The cocaine was in a brown plastic envelope found in the driver's seat of his 2005 Chevrolet pickup, the sheriff's office alleged.

Mr. Miles said following the arraignment that the prosecution has to prove reckless driving.

"There is question of causation," he said. "The driver who died had the stop sign."

The intersection was not a four-way stop, he said.

Sheriff John P. Burns said a few days after the accident that Mr. Burkard, who was southbound, stopped his Jeep for a stop sign, and then entered the intersection, where his auto was struck broadside by the westbound Coleman pickup.

Mr. Burkard was dead at the scene. Mrs. Burkard suffered broken ribs, a punctured lung and a broken shoulder blade, and was admitted to Upstate Medical University, Syracuse. Their son was treated for minor injuries at Samaritan Medical Center.

The Colemans and members of the Burkard family declined comment.