School bus driver gets probation for driving students while drunk
“Does Betty Burden belong in the Illinois Department of Corrections?”
Cook County Circuit Judge John Scotillo answered his own question with a resounding no Wednesday afternoon when he sentenced the former Mount Prospect Elementary District 57 school bus operator to 30 months of probation for driving students while intoxicated.
Scotillo also ordered Burden, 55, to perform 480 hours of community service, comply with any recommendations for alcohol treatment and pay a $1,720 fine. Burden pleaded guilty earlier this month to aggravated DUI — a class 4 felony punishable by up to three years in prison.
“This is not a slap on the wrist. She will spend many months giving back to the community,” said Ernie Blomquist, Burden’s defense attorney, who argued for probation. “The keys to the jailhouse are in her hands now.”
Scotillo intimated as much, saying prison remains an option if Burden does not comply with the terms of her probation.
Burden registered a blood alcohol content of .226 following her arrest on March 9, which occurred after her supervisor notified Mount Prospect police that another driver smelled alcohol on Burden’s breath before she began her afternoon route driving students from Lions Park and Westbrook elementary schools and Lincoln Junior High School. Officer Tom Hoskinson testified that Burden admitted to drinking two vodka and tonics during her lunch break.
Prosecutors argued for prison time. Cook County Assistant State’s Attorney McCarthy said Burden drove despite having a blood alcohol level that would have prevented most drivers from even placing the key in the ignition.
It suggests “this was not her first time drinking and driving,” said McCarthy, who described the defendant as a “highly functional alcoholic” accustomed to “fooling people” and good at “hiding her drinking.”
Yet, the mother of one of the students who rode on Burden’s bus that day testified on Burden’s behalf. Mary McMahon said her son suffered no trauma from the experience and urged the court to sentence Burden to probation.
“She has suffered punishment enough over the past year,” said McMahon, referring to the loss of Burden’s job, benefits and reputation.
A tearful Roseanne Lynch, Burden’s cousin by marriage, described Burden as “remarkable... kind, caring” and said 63 members of Burden’s extended family stand behind her to provide support.
Blomquest requested mercy for his client, introducing letters from friends who have known Burden for up to 46 years expressing her good character. He pointed out her “impeccable record as a driver” and excellent ratings for dependability, timeliness, safety and attitude. He also said Burden is the sole caregiver for her elderly mother.
The sentencing hearing included testimony from part-time bus driver Jennifer Schuett, who sat next to Burden at a morning meeting the day before Burden’s arrest. Schuett said she smelled alcohol on Burden’s breath and reported her concerns that afternoon to District 57 Transportation Director Vince Ramirez, who was later fired over the case. Another bus driver, Lisa Cuellar, testified she detected an odor of alcohol when she saw Burden at Westbrook School about 2:15 p.m. the day of the arrest. Cuellar said she contacted Ramirez, who responded, “OK, I’ll take care of it.”
Ramirez boarded Burden’s bus about 10 minutes into her route with students from Lions Park Elementary School, but did not smell alcohol, according to earlier testimony. He followed Burden’s bus and called police, who stopped Burden as she returned her bus to the “barn” after dropping off the students.In arguing for prison, McCarthy contended Burden has not accepted responsibility, pointing to pre-sentence reports that indicate Burden has not undergone alcohol treatment.
#147;A person truly remorseful would do everything they could to overcome the problem. The defendant doesn#146;t think she has a problem,#148; McCarthy said.
Blomquist dismissed prosecutors claims about his client as #147;wishful thinking and speculation,#148; pointing out that she has not been diagnosed as a #147;functional alcoholic.#148;
She may need intervention, but she does not need to be warehoused in prison, Blomquist said.