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Judge says lawyer not in custody while speaking about fatal boat crash
Lawrence Buswell, 53, is facing charges of negligent homicide and second-degree assault for allegedly causing a fatal boat crash on May 26, 2012 on Country Pond in Kingston. (JAMES A. KIMBLE/FILE PHOTO)
Lawrence Buswell, 53, of Kingston has until today to decide whether to go to trial or broker a plea agreement on charges of negligent homicide and three counts of second-degree assault, according to a court order.
The May 26, 2012, crash claimed the life of 54-year-old Eric Eskeland, who was piloting a boat on Country Pond in Kingston. The crash also injured three of Eskeland’s passengers, prosecutors said.
“Apparently, immediately after the trooper asked the question, (Buswell) received a phone call,” Delker said in the order. “A male voice — possibly a lawyer — was overheard saying, ‘If they read you Miranda, don’t answer any questions. The trooper was quick to reassure the defendant: ‘I’m not going to read you Miranda’ and ‘you’re not in custody.’”
“He introduced himself as an attorney and told the sergeant that he was delivering newspapers and heading back home when he struck a darkened boat,” Delker said.
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