SALEM, Mass. — A local man charged with driving drunk and killing a North Andover mother apologized in open court Friday, saying he wished he could trade his life for the woman killed and that he’s ready to face the consequences for his actions.
“I know I will never able to take away your pain … I deserve to be punished,” said Bradley Zucchino, 31, in an emotionally charged hearing before Salem Superior Judge Thomas Dreschler.
Zucchino, of Lawrence, has until Monday afternoon to decide if he will accept the penalty Dreschler wants to impose – 6 years in state prison followed by a lengthy probation period with conditions that include not driving or drinking alcohol.
If Zucchino does not agree to that sentence his case is scheduled to go to trial on Sept. 23 on charges of manslaughter while under the influence, operating under the influence of alcohol resulting in serious injury, assault and battery with a dangerous weapon and leaving the scene of a personal injury accident.
Attorneys in the case met with Dreschler for a lobby conference Friday where potential penalties were discussed to avoid trial.
The judge also heard victim impact statements from the mother and passenger of Yahaira Colon, 30, the mother of four killed in the North Andover crash on Jan. 12, 2020. Colon’s passenger, Jessica Mercado, suffered multiple serious injuries including a broken hip and femur and a torn aorta.
“Four and half years later (Zucchino) is still out living his life with his family … . He did have a choice that night,” Mercado said.
Zucchino’s blood alcohol level was four times the legal limit, according to a police report.
Assistant District Attorney Stephanie Stanbro proposed a state prison sentence of 8 to 10 years followed by five years’ probation with conditions.
But defense attorney Murat Erkan pointed to other fatal accidents involving drunken driving statewide that resulted in lesser sentences. He also said his client, who had no prior criminal record, developed an alcohol abuse problem due to issues with social anxiety and Attention Deficit Disorder but “is now sober because he wants to be sober.”
Erkan said Zucchino “has wanted to take responsibility for this since the very beginning. He is grief stricken and anguished.”
“My client made a terrible choice which caused other people to bear the consequences of that choice,” Erkan said.
Zucchino remains free without bail but must adhere to a series of conditions including wearing a remote alcohol monitor, remaining alcohol free, submitting to random screens, and taking his prescribed medication.
Mercado, in her victim impact statement, told Dreshler “she can still taste the glass in her mouth from that night.”
She recalls Colon trying to console her after impact, putting her hands on her face and saying, “I’m right here.”
“I will never forget just trying to keep her alive,” Mercado said. “She was a great person. She had a heart of gold … . No child should be raised without her mother.”
Stanbro read a victim impact statement from Betsy Cruz, Colon’s mother, in court. She handed the judge a photo of Colon’s children who are now ages 10, 12, 17 and 18.
Cruz described Colon as a beloved daughter, cherished mother and cornerstone of a family that now struggles without her.
“This tragedy has broken me in ways I never thought possible,” Cruz wrote in her victim impact statement. “Her children will grow up without the love and the guidance of their mother. This is a pain no family should endure.”
Dreschler, after hearing Zucchino speak in court and taking a brief recess, said he felt the accused was “sincere” and “contrite.” However, he said he felt “a state prison sentence was warranted here.”
Colon was killed on Jan. 12, 2020 after the BMW Zucchino was driving slammed into her Honda SUV near Waverly Road at 10:08 p.m., police said.
Zucchino was also injured in the crash and was visibly bleeding from his nose. He smelled of alcohol and was taken by ambulance to Lawrence General Hospital, police said.
Mercado told investigators she and Colon “were driving down Waverly Road when an oncoming sedan had swerved in their lane out of nowhere,” the police report states.
“Colon attempted to avoid the collision but the oncoming car hit them head-on causing them to roll over,” the report continues.
Colon was pronounced dead at Lawrence General Hospital at 11:28 p.m. Mercado was Medflighted to Boston Medical Center for treatment, according to the report.
Zucchino was outside of the car with a bloody nose when rescuers arrived. He initially denied being the driver but later told first responders he was behind the wheel, according to court papers.
Previously in the case, Erkan unsuccessfully tried to get Zucchino’s blood alcohol testing suppressed from evidence saying his client never consented to the testing.
The blood samples, retrieved from Lawrence General Hospital by a North Andover police officer with a search warrant, showed Zucchino’s blood alcohol level was .322 to .326, according to a police report.
The legal limit is .08, according to Massachusetts law.
The matter went to the state’s Supreme Judicial Court, which upheld a superior court judge’s decision in April.
Attorneys for Mercado filed a civil suit for motor vehicle negligence and personal injury against Zucchino and two area bars in August 2020. The suit sought $300,000 in medical costs and $7.5 million in damages, according to court papers.
The lawsuit alleged the bars improperly served an intoxicated person, allowed him to drive a vehicle, failed to ask how he was getting home and if he had been served alcohol at another establishment, according to court papers.
The case was settled and dismissed March 21, 2023, according to court records.
Details about the settlement were not included in the records.
Follow staff reporter Jill Harmacinski on Twitter @EagleTribJill.