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    Sunday, May 05, 2024

    Driver says she saw motorcycle approaching, thought she had time to make left turn

    East Lyme police say Kimberly E. Zoller, who is due to be arraigned Thursday in New London Superior Court, had been drinking whiskey and playing poker at Mohegan Sun prior to the July 29, 2018 crash that killed motorcyclist Frank A. Barabas.

    Headed west on Boston Post Road in her 2018 Subaru Crosstrek at 4:45 p.m., the 37-year-old Niantic resident made an abrupt left turn toward the parking lot of the Rustic Cafe, where she told police she had been planning to meet a friend.

    She said she saw the motorcycle approaching, but thought she had enough time to make the turn.

    Toxicology tests of her blood, drawn 90 minutes later, indicated Zoller's blood alcohol level was 0.101 percent, according to a court document. The legal limit for driving is 0.08 percent.

    Zoller, 37, of 3 Spinnaker Way, was charged Oct. 10 with second-degree manslaughter with a motor vehicle, driving under the influence of alcohol or drugs and making an improper turn. She posted a $25,000 bond and was given an Oct. 24 arraignment date.

    Details of the case are included in an arrest warrant affidavit written by Officer James Levandoski of the East Lyme police. Evidence includes damage to the car and motorcycle, a tire mark in the road, witness statements, toxicology results, and video recordings from the scene and from Mohegan Sun. 

    Numerous people called 911 to report the crash.

    Barabas, 42, of Montville, was presumed dead at the scene at 4:56 p.m. by Thomas Redden, an East Lyme fireman/emergency medical technician, who consulted with a physician at Lawrence + Memorial Hospital.

    The passenger side of Zoller's car sustained significant damage, and police said they found blood, hair and brain matter in the "B" Post area, which is between the front and rear doors. The affidavit indicates police also found Barabas's cell phone on the back seat of Zoller's car the next day, and discovered that he had been recording video of his motorcycle ride prior to the crash.

    The motorcycle, a 2019 Harley Davidson Street Glide, had significant damage, and police said the bike appeared to have left a single tire mark in the center of the eastbound lane at the time of impact.

    Barabas, driving east from Old Lyme over the East Lyme town line, had been using his phone to make a recording that was streaming live on his Facebook page, according to the affidavit. The recording ended abruptly five seconds before impact, then started back up, with it showing the inside ceiling of Zoller's car. 

    East Lyme Police Officer Lindsay Cutillo arrived at the scene at 4:54 p.m. and, with help from a passerby, found Zoller inside the Rustic Cafe, according to the affidavit. Zoller was sitting at a table just inside the front door, drinking a glass of water. The waitress, Jennifer Esposito, told Cutillo she had only given Zoller a glass of water. Zoller refused medical treatment.

    Zoller said she had plans to meet a friend at the Rustic and was driving west on Boston Post Road. She said that as she attempted to make a left turn into the parking lot, she saw the motorcycle approaching in the eastbound lane, but believed she had enough time to make the turn. She said she misjudged and they crashed.

    Asked if she had consumed any alcohol, Zoller said she had a glass of wine at home around noon. Cutillo asked Zoller if she wouldn't mind waiting outside in her air-conditioned cruiser. While walking to the cruiser, Zoller became unsteady, her speech became erratic and she started to dry-heave, according to the affidavit. Emergency medical technicians checked Zoller again, and this time she agreed to be taken to the hospital.

    Cutillo said she smelled the odor of alcohol on Zoller's breath and that Zoller's eyes were bloodshot and glossy when she administered the horizontal gaze test while Zoller was on the ambulance stretcher. Cutillo said Zoller couldn't keep her head still during the test.

    While at the emergency room, Zoller consented to giving a blood sample but told Cutillo she wanted to speak with an attorney before providing a written statement. Zoller told Cutillo she had misspoken during their previous conversation, and that she had wine with lunch the previous day. She said prior to the crash, she had been playing poker at Mohegan Sun and had consumed one whiskey drink around noon to 1 p.m. She said she was a habitual marijuana smoker, but hadn't smoked that day. The affidavit notes only the results of the blood alcohol testing and does not mention any substances besides alcohol. Zoller is 5 feet, 6 inches tall, weighs 105 pounds and has no visual depth perception, according to her court file.

    A driver who was traveling behind Zoller said that as both his and Zoller's vehicles approached the Rustic Cafe, the Subaru turned left aburptly and that he didn't remember seeing a left-hand turn signal.

    Surveillance video from Mohegan Sun showed Zoller arriving at the casino at 11:28 a.m., going to the poker room and being served three bottles of water, two unknown drinks and two Knob Creek whiskeys, served at 1:43 and 2:34 p.m. She left the poker room at 3:49 p.m., and was seen exiting the garage at 4:14 p.m.

    The court file does not indicate whether Zoller has retained an attorney.

    Barabas's three sons, all of whom reside in Oakdale, are represented by Kolb & Associates law firm of New Haven in a civil wrongful death lawsuit filed against Zoller in September, according to court records.

    k.florin@theday.com

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