Local Man Sentenced In Connection With Fatal Accident

By Andrew Gorosko

A local man, who was the driver in a fatal one-car accident that killed a friend last fall, has received a suspended sentence and probation on a reduced charge in the case.

Brennan Fraczek, 25, of 3 Old Town Road, pleaded no contest to negligent homicide with a motor vehicle April 19 in Danbury Superior Court in connection with the fatal auto accident that killed rear seat passenger Stephen Mazuroski, 24, of John Beach Road. The September 24 accident occurred about 1:30 am at the intersection of Botsford Hill Road and Button Shop Road.

On March 21, police charged Mr Fraczek on a warrant with misconduct with a motor vehicle, which is a felony. He appeared in court on that charge March 30 and pleaded not guilty.

On April 19, Mr Fraczek pleaded no contest to the reduced charge of negligent homicide with a motor vehicle. Judge Robert Resha entered a finding of guilty in the case. Negligent homicide with a motor vehicle is a misdemeanor.

In the sentencing, Judge Resha gave Mr Fraczek a six-month suspended jail sentence, two years of probation, a $1,000 fine and 200 hours of community service.

According to a police arrest warrant affidavit, blood tests indicated that Mr Fraczek had a blood alcohol level of 0.11 percent after the accident. Under Connecticut law, a driver with a blood alcohol level of more than 0.10 percent is considered legally drunk.

According to the affidavit, police were dispatched to the accident scene at 1:28 am and found an extensively damaged 1993 blue Jeep Grand Cherokee next to a tree at the intersection.

“While speaking to Mr Fraczek, Officer [Aaron] Bahamonde detected a very strong odor of an alcoholic beverage, and saw that his eyes were glazed,” according to the affidavit. Members of Newtown Volunteer Ambulance Corps transported front seat passenger Casey Trocolla, 22, of Old Gate Lane, to an ambulance, after which he was transported to Danbury Hospital for treatment of a concussion, and a sprain and contusion to the right knee.

Firefighters extricated Mr Mazuroski from the rear seat of the Jeep and carried him to an ambulance, transporting him to Danbury Hospital where he was pronounced dead at 2:27 am. An autopsy determined the death to be accidental due to blunt force trauma to the chest, caused when the Jeep rolled over and struck a tree.

“The blood test results indicate that Brennan Fraczek was intoxicated at the time of [motor vehicle] operation on 09/24/99,” according to the affidavit.

An inspection of the Jeep at the town garage, conducted as part of the police investigation into the accident, showed no mechanical defects in the vehicle that would cause the accident. Brakes and steering were in operating condition, court documents state.

 In investigating the crash, police took measurements at the curve where the Jeep left the road.  Based on tire marks, the Jeep was calculated to be traveling southbound on Botsford Hill Road at 66 miles per hour. The area is posted with a 35 mile per hour speed limit.

 Mr Fraczek was unable to control the Jeep on the curve and went off the northbound road shoulder, traveled along an embankment for about 30 feet, struck a large rock, vaulted into the air, began rolling to the right, and landed on the northbound lane. The Jeep slid on its roof, rolled over and landed on its four tires, moving backwards until it collided with a tree on the southern side of Button Shop Road, according to the court documents.

Police obtained a statement from Jonathan Grauer, 22, of 51 Toddy Hill Road.

Mr Grauer told police that he was with the other three men on the night of September 23 at Brookfield Lanes bowling alleys in Brookfield. Mr Grauer told police he saw Mr Fraczek consume alcohol between 9 and 11 pm, but that Mr Fraczek did not consume as much alcohol as Mr Grauer and the two others.

In the investigation, Mr Trocolla told police he saw Mr Fraczek drink at least two beers and two shots of alcohol while he was at the bowling alleys.

The night of bowling at Brookfield Lanes concluded between 11:15 and 11:30 pm and the four men then went outside into the parking lot where they spent about 45 minutes. Mr Mazuroski then drove Mr Grauer to his Toddy Hill Road home in Mr Grauer’s vehicle.

Mr Mazuroski then entered Mr Fraczek’s Jeep, which had been driven to the Grauer residence. The fatal accident occurred after the three men left the Grauer residence.