An American Legion post in Dutchess County, N.Y., is under investigation regarding its role in the death of two Bard College students — including Sarah McCausland of Winnetka — who were struck by a drunken driver.
Carol Boeck, 64, was sentenced in February to seven to 21 years in prison for aggravated vehicular homicide and leaving the scene of an accident after she drove her car into a group of pedestrians on Jan. 31, 2014. The crash killed McCausland, 19, and her friend Evelina Martin Brown, 20, of Seattle, and injured a third person.
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Boeck, whose blood alcohol content that night measured 0.23, told the court that she had been drinking at the American Legion hall in nearby Tivoli, about 90 miles north of New York City.
On April 2, the Tribune reported that the American Legion post in Tivoli does not have a liquor license, according to the New York State Liquor Authority. That agency’s spokesman said that it would be up to local police to investigate.
But the Dutchess County Sheriff’s Office, which has police jurisdiction in Tivoli, said that it would be up to the state liquor authority to investigate the license question. The Tivoli mayor, Bryan Cranna, also referred questions to the state liquor authority.
Capt. John Watterson of the sheriff’s office confirmed Friday, more than a year after the students’ deaths, that the department is investigating the American Legion.
Watterson said that, after the crash, the investigation into Boeck took precedence and the American Legion was not the primary focus. The sheriff’s office only recently learned that the state liquor agency does not have the authority to investigate, he said.
Since the driver has been sentenced, “our focus is shifting to the preceding events,” he said.
Andy McCausland, Sarah’s father, said that he was pleased that the sheriff’s office was investigating.
He said the American Legion hall “needs to be accountable … otherwise, another tragedy like this could happen. If you don’t have a liquor license and you don’t have liability insurance, there is no accountability and things like this can happen very easily.”
He said he has sensed a reluctance by officials to investigate because of the American Legion’s mission to serve veterans.
“We honor and we value veterans and their sacrifice,” McCausland said. “But they cannot break the law.”
Brown’s mother, Patreese Martin, noted that that many veterans suffer from alcohol and substance abuse.
“I am deeply troubled that the American Legion, a not-for-profit organization devoted to helping these veterans, does not have policies regarding these bars on their premises,” she said. “Had there been sensible policies and controls in place that night in Tivoli, this tragedy could have been avoided.”
Officials with the American Legion in Tivoli could not be reached. Officials with the American Legion’s state and national headquarters said that each post operates independently and has its own charter.
“The American Legion’s national organization certainly does not condone illegal activities at any legion post,” said Marty Callaghan, spokesman for national headquarters in Washington D.C.
He added, “We don’t comment on investigations.”
Boeck, who pleaded guilty to the two charges in February, had driven her red Jeep into the group of pedestrians and then kept going before she was arrested miles away at a gas station, officials said. She had a prior DUI conviction, and on that night she had a blood alcohol level of 0.23, nearly three times the state limit, according to court testimony.
McCausland, a graduate of New Trier High School, had just finished the first semester of her freshman year at Bard College.
Twitter: @LisaBChiTrib
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