EagleTribune.com, North Andover, MA

New Hampshire

February 9, 2010

Buzzell case goes to jury

BRENTWOOD — A jury is deliberating the fate of an East Kingston logger who prosecutors say is responsible for the death of an employee struck by a falling tree.

Maurice Buzzell, a logger and arborist, faces a felony count of negligent homicide and a misdemeanor count of reckless conduct stemming from the death of Jon Paul "J.P." LaVigueur on Aug. 7, 2007.

LaVigueur, 22, of Kingston was killed when a 78-foot pine tree he and a crew were cutting fell on him as he tried to run and tripped. It was a day before his 23rd birthday.

During the weeklong trial, prosecutors alleged that Buzzell, owner of Buzzell Tree Service, regularly required his employees to remain under trees until they began to fall.

Members of the Kingston Police Department took the stand during the trial in Rockingham County Superior Court to testify that Buzzell told different stories when first questioned and then when he filled out a statement.

He originally told police Chief Donald Briggs that he was out ordering a birthday cake for the victim at the time of the accident. The written statement he gave said he was at the scene, according to testimony.

Prosecutors also argued that Buzzell did not properly train his employees.

Buzzell took the stand to defend his business practices. He told jurors he didn't always require his employees to stand within the fall zone of trees, only when it was the necessary way to get one to fall.

Buzzell has paid $12,500 as part of a settlement with the federal Occupation Safety and Health Administration, which initially fined him $19,000 for violating safety regulations.

If convicted of negligent homicide, Buzzell could face 31/2 to 7 years in prison.

The jury is to continue deliberations today.

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