Urbelis acquitted of OUI boating charges
Must stay clean, attend AA
A Boston OUI lawyer and owner of a boat named the Naut Guilty won a pair of not guilty verdicts to charges stemming from a 2015 accident that cost a then 19-year-old woman her right arm when it was severed by the boat’s propeller.
“Nicole’s incident shook our world,” said Debi DePasquale, the mother of Nicole Berthiaume, who’s now 21, while reading a victim impact statement.
“We knew her life would never be the same, and we are still unsure what her future will hold, what physical pain she will endure ... future dreams that will be unfulfilled,” DePasquale said.
Suffolk Superior Court Judge Linda Giles acquitted Benjamin Urbelis, 35, on charges of operating a boat under the influence and reckless operation of a boat, less than 20 minutes after closing arguments as the bench trial wrapped up.
Urbelis admitted last week to providing alcohol to minors, and Giles continued that part of the case without a finding for one year. If Urbelis stays out of trouble and attends 10 Alcoholics Anonymous meetings in the next year, the charges will be dropped.
Berthiaume showed no emotion as a clerk read the verdicts. Urbelis began to choke up as he told the court he failed in his responsibility to verify whether anyone on the boat was under 21, but said he could not “in good conscience” admit to the other two charges.
“Today, I don’t think any words could express the feelings of remorse and regret I have felt for the past two years,” he said before turning to face Berthiaume and her parents sitting in the second row. “So I will just end it with I’m sorry.”
Urbelis took 13 people — including several underage girls — out on his boat on May 30, 2015, and the group spent the afternoon drinking and sailing around Boston Harbor. Berthiaume jumped into the water to retrieve a football and lost her arm in the boat’s propeller when she was pulled underneath as she struggled to get back on board.
Urbelis was not driving the boat when the incident took place, having jumped into the water with several other boaters. His former intern, Alexander Williams, 26, was driving at the time, officials said. Williams pleaded guilty in April on related charges. Before Urbelis’ sentencing, DePasquale described her daughter’s injuries to the court, including the loss of her right arm, a 12-inch gash to the bone down the front of her left arm, a 15-inch gash across her abdomen, and cuts down to the bone on both knees. She said the family waited hours in the hospital to find out whether the teen would survive.
“Nicole is a fighter, she never looks for sympathy or excuses,” DePasquale said. “This is the ultimate test, a lifelong challenge … All of this is due to Mr. Urbelis abandoning his responsibility.”