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Man Denies Drunk Lawn Mower Ride

By Patrick Mcardle
RUTLAND HERALD
A local man is facing up to 12 years in jail after police said he was under the influence of alcohol last month when he was driving on Prospect Hill Road on a riding lawn mower.

Seth J. Mormile, 34, of Rutland, pleaded not guilty on May 2 in Rutland criminal court to a felony charge of driving while under the influence of alcohol and a misdemeanor charge of driving a vehicle without an ignition interlock device.

Mormile’s drivers license is restricted, and he is not allowed to drive a motor vehicle without an ignition interlock device, which will not allow the engine of a motor vehicle to start until the driver blows into the unit to demonstrate he or she is not under the influence of alcohol.

The charges against Mormile are based on an affidavit written by Trooper Zachariah Shaughnessy, of the Vermont State Police, who said he responded to a report of a stolen tractor around 6:45 p.m. April 12 on Curtis Brook Road in Rutland.

A dispatcher told Shaughnessy that a caller had reported her son was intoxicated and that he had stolen a Kubota Tractor and was driving it around.

Shaughnessy said he spoke to the woman, Laura Kolodzej, who told him Mormile had allegedly taken the Kubota and she didn’t know where he was going.

“(Kolodzej) stated that he often uses the tractor and mows a considerable amount of the neighborhood lawns during the summer with it,” Shaughenessy wrote in the affidavit.

Shaughenessy said he got to the locale and an area resident said he had seen a man driving an orange riding lawn mower and watched it turn into a particular driveway. The trooper said he drove to that driveway and saw a man riding an orange Kubota lawn mower.

According to the affidavit, the man on the mower, who had a dog on his lap, identified himself as Mormile.

Shaughnessy said Mormile told him he had taken the Kubota to “see his buddy” but the friend he was visiting wasn’t home.

When Shaughnessy asked Mormile how he had gotten to the driveway where the two men were talking, Mormile said he only drove on Prospect Hill Road for about 75 feet. He offered to park the lawnmower and walk home “if it was a problem,” the affidavit said.

Shaughnessy said he saw two beer cans in the cup holders of the lawnmower. He said he saw Mormile pick up the open beer and pour it out. The second beer was unopened, the affidavit said.

“Throughout my interaction with Mormile, he was unsteady on his feet, his eyes were bloodshot and watery and his speech was extremely slurred,” Shaughenessy wrote in the affidavit.

Shaughnessy, who said he also noticed a “strong odor of intoxicants,” said he asked Mormile to perform standardized field sobriety tests and provide a preliminary breath test but Mormile declined both.

After Shaughnessy arrested Mormile and brought him to the Rutland barracks of the Vermont State Police, he read Mormile his Miranda warning of his rights and the law involving implied consent. Mormile declined to answer questions but provided a breath sample.

The sample tested at 0.17% for blood alcohol content according to a DUI affidavit filed in the case. The result is more than twice the legal limit of 0.08% blood alcohol content for driving in Vermont.

If convicted, Mormile would be required to serve at least eight days in jail and could be sentenced to up to 10 years. For driving without an interlock device, Mormile could be sentenced to up to two years in jail but a conviction would result in a minimum fine of $300 and 40 hours of community service.

patrick.mcardle @rutlandherald.com

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