By Nick Brown
Staff Writer, Lowell Sun (Massachusetts)

GARDNER -- Westminster police yesterday arrested an Acton firefighter, alleging he was drunk when the SUV he was driving crashed, killing a fellow firefighter.

James Routenberg, 24, of Westford, allegedly had a blood-alcohol level of .20 percent -- more than twice the legal limit of .08 percent -- when he lost control of his 2005 Jeep Grand Cherokee and veered off the northbound side of Route 140 on Feb. 26.

The vehicle crossed through the oncoming lane, ran over a guardrail and collided with two trees on the passenger's side.

The car's front-seat passenger, Acton firefighter and Maynard resident Leo Hayes, 36, was pronounced dead at the scene after the 5 p.m. crash.

Police charged Routenberg with motor-vehicle homicide due to negligent operation and operating under the influence of alcohol.

Gardner District Court Judge Patrick Fox released Routenberg on his own recognizance at his arraignment yesterday.

Routenberg must surrender his license, cannot drink or use drugs, and must submit to random urine tests, Fox ruled.

"It's another hard day for the department after going through what we went through last week, and certainly the news just hitting (yesterday) on this is hard for the department," Acton Fire Chief Robert Craig said at a news conference.

Tim Connolly, a spokesman for Worcester County District Attorney Joseph Early Jr., said Early's office had sought a $5,000 bail.

"It's not uncommon for a charge of this nature for the judge to rule someone free on personal recognizance if they don't feel the person is a risk of flight," Connolly said.

Police also charged Routenberg with speeding, a marked-lanes violation and an expired inspection sticker. Fox scheduled Routenberg's next hearing for April 24.

Routenberg was taken by helicopter to UMass Memorial Medical Center in Worcester after the accident. He was treated for injuries and released.

Early's office, along with the State Police Accident Reconstruction Unit and Westminster Police Detectives Jeffrey Shampine and Ralph LeBlanc, investigated the one-car accident.

Witnesses say they saw the SUV turn left from Mile Hill Road onto Route 140 shortly before the accident, according to a report written by LeBlanc.

"Witnesses state that the Jeep accelerated quickly heading northbound, they lost (sight) of the vehicle and then came across the crash scene shortly thereafter," LeBlanc wrote.

LeBlanc noted that he sensed "a strong odor of an intoxicating beverage" on Routenberg's breath, and that "his eyes appeared red and watery and his speech was slurred."

Investigators obtained Routenberg's blood-alcohol level through medical records from UMass Memorial, according to LeBlanc's statement.

"With the facts presented, it is clear that ... (Routenberg) did operate a 2005 Jeep Cherokee ... in a negligent manner while under the influence of an intoxicating beverage and such operation resulted in a vehicle crash which killed (Hayes)," LeBlanc said in his statement.

Shampine did not return a call seeking comment yesterday, while a Westminster Police Department dispatcher said LeBlanc would not be available to answer questions.

Routenberg could face 2 1/2 to 15 years in state prison if convicted of motor-vehicle homicide, according to a statement from Early's office.

Connolly said officials in the district attorney's office have not discussed whether they will seek the maximum penalty.

"The person was just arraigned and the case is just picking up, so we haven't made that determination yet," Connolly said.

Westminster Fire Capt. Kevin Nivala, who responded to the crash, said he could not comment on whether he suspected drunken driving due to patient confidentiality laws.

Nivala described the chaotic scene of the accident during an interview with the Fitchburg Sentinel & Enterprise last week.

"There were a lot of people there identifying themselves as off-duty firefighters who wanted to help," Nivala said. "There was a lot of confusion. It was difficult for me to understand what was going on."

Acton Town Manager Steve Ledoux said the firefighters had attended a fundraiser at nearby Wachusett Mountain Ski Area to benefit muscular dystrophy.

David Crowley, chief operating officer for Wachusett Mountain Associates, said there was no alcohol served at the event.

Craig would not return multiple calls yesterday asking whether Routenberg will be suspended from the department.

Ledoux said the news of Routenberg's criminal charges "just made a bad situation worse."

"Obviously, we're deeply saddened by the news," he said.

Ledoux said there has been a "very sad heaviness" over the community since the death last week.

At Hayes' funeral on Tuesday, Ledoux said, fire chiefs from around the state came to pay their respects while flags flew at half-staff throughout the week.

"We're still reeling from the death," he said.

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