Deputy Vanderwyst testifies, summarizes events of June 6, 2010
MERRILL (WAOW) -
The state called their third witness of the day, Deputy Andy Vanderwyst of the Lincoln County Sheriff's Department.
Deputy Vanderwyst arrived at the scene on June 6, 2010. He told the court that he had been advised, before arriving on scene, Boruch was performing CPR on Pergolski.
Deputy Vanderwyst testified that when he arrived, Sally Pergolski's body was lying face down, just above the shoreline.
District Attorney Don Dunphy asked Vanderwyst if he noticed anything unusual about the position of Pergolski's body. Vanderwyst replied that you cannot perform CPR when someone is face down and wondered if Boruch had even attempted to give his mother CPR.
Vanderwyst continued to describe the scene of the accident as he saw it. He said Boruch's truck was partially submerged in the water, with the water level half way up the passenger side door.
Vanderwyst testified that the tire tracks found at the scene were not "indicative of a car that was out of control."
The state continued their questioning, asking Vanderwyst about a conversation he had with Boruch at the hospital after the accident.
Vanderwyst said Burch told him he and his mother were heading to Moraine Lake to go fishing. As they were driving, Boruch said he felt nauseous and asked his mother if she would drive. Boruch told the deputy that he was in a "semi-coherent state" as his mother drove. He explained that he finally "snapped awake" when he heard his mother yell, "this is going to kill us!" Boruch told Deputy Vanderwyst that they crashed into the water and his mother was "uncontrollably flailing around."
Vanderwyst's testimony continued. He told the court that during that conversation, Boruch said, while trying to get his mother out, she "must have hit her head, because she was completely unconscious." He told the deputy that he couldn't lift his mother out of the water because she was stuck on something in the car. Boruch then told the deputy that he finally got his mother free and pulled her onto the shore.
The judge ordered a recess for lunch. After the break Defense Attorney John Voorhees will question Deputy Vanderwyst.