Court documents detail Byfield greenhouse tragedy
Jul. 15—NEWBURYPORT — Court documents released earlier this week revealed that the car which crashed into a Byfield Greenhouse and Garden Center building in late May, claiming the life of a worker there and injuring several others, was going 18 mph when it struck.
Marblehead resident Janet Bach, 70, was arraigned Tuesday in Newburyport District Court on a single charge: motor vehicle homicide by negligent operation, and was released on personal recognizance. She is due back in court Sept. 13 for a pretrial hearing.
Susan Sfoza Nico, 47, was killed May 21 shortly after Bach slammed into the farmstand with her Honda CRV utility vehicle while in reverse. Two Newburyport residents, including an 8-year-old girl, were seriously injured, while two others also were injured but only slightly, according to court records.
The 8-year-old girl was flown via medical helicopter to Boston Children's Hospital after being driven to Anna Jaques Hospital in Newburyport. The other victim, a 57-year-old relative, was transported to Portsmouth Regional Hospital. Days after the crash, Newbury police Chief John Lucey said the conditions of both victims had stabilized.
Nico, according to her obituary, worked as a farm manager with her father, Charlie Sforza, at Byfield Greenhouse and Garden Center for more than 15 years. She graduated from Triton Regional High School in Byfield in 1993 and received her associate degree in early childhood education from Lesley College.
In addition to her husband, Diego Nico, she leaves behind their children, Juliana and Vincent; her parents; her siblings, Tammy, Charlie, Catherine, Steven, Laura, and Julie; and many nieces and nephews, including her godson Charles P. Sforza III.
In his report, Newbury police Detective Sgt. Aaron Wojtkowski said Nico and the 57-year-old man were pinned underneath the vehicle when rescue units arrived. Nico was unresponsive, but the man was conscious when Georgetown and Newbury firefighters stabilized, then lifted, the SUV.
Firefighters removed both people from underneath the vehicle, but Nico was pronounced dead a short time later. The 8-year-old girl was struck by the SUV's side hurling her 10 feet into the air before landing.
As a state medical examiner and the State Police Accident Reconstruction Team were on their way to the scene, Wojtkowski spoke to Bach, who was visibly shaken and despondent. She told the detective she was backing up her SUV to pick up flowers when the vehicle began speeding up toward the shed, suggesting the gas pedal was stuck and sped up on its own. She also said she tried to use the brake pedal to no avail.
"Contrary to her statement, I did not observe any visible skidding or tire impressions in the dirt, in or around the path of the vehicle that suggested that the vehicle attempted to brake before striking victims," Wojtkowski wrote in his report. He added that Bach was not under the influence of drugs or alcohol and was not distracted by a cell phone or any other device.
As part of his investigation, Wojtkowski checked with car repair businesses and determined no work had been done to the gas pedal or brakes in the days and weeks leading up to the crash.
The CRV was photographed by state police troopers and eventually towed to a nearby lot. After obtaining a search warrant, Wojtkowski retrieved information from the car's computer and learned that it was traveling 18 mph at the point of impact.
"The data showed the accelerator pedal position as increasing to 100% within 1.5 seconds," Wojtkowski wrote, adding there was no data showing Bach tried braking before crashing into the shed.
State Police troopers also examined the SUV and found no mechanical issues, including the gas or brake pedals.
On June 1, Wojtkowski spoke to Nico's brother, former Salisbury police Sgt. Steven Sforza. Sforza told the detective he could hear the SUV idling loudly with the driver revving the engine higher by stepping on the gas.
"Mr. Sforza explained that he began yelling for people to move but the vehicle accelerated at a high rate of speed towards the shed. He described that no one could hear him yelling because of the noise of the vehicle. He stated that he was running towards the shed and observed (the young girl) look at him as she was struck by the vehicle and thrown back," Wojtkowski continued in his report.
Dave Rogers is a reporter with the Daily News of Newburyport. Email him at: drogers@newburyportnews.com. Follow him on Twitter @drogers41008.
Dave Rogers is a reporter with the Daily News of Newburyport. Email him at: drogers@newburyportnews.com. Follow him on Twitter @drogers41008.
