LAWRENCE — A Hampshire Street mother and son charged with hosting an underage drinking party before Ryan Bourque, 17, was killed in a car accident, have rejected three-month jail sentences, deciding instead to take their chances at trial.

Modesta Brito, 42, and her son, Edrian Brito Mendez, 18, were in Lawrence District Court yesterday, ready to plead guilty to charges of hosting a Nov. 25, 2007, underage drinking party in their apartment.

They changed their minds when Judge David Cunis handed down their proposed sentences — one year in the house of correction with 90 days to be served. Both Brito and Mendez immediately opted to take their cases to a jury.

Prosecutor Jennifer Kunsch pushed for a year in jail, the maximum penalty allowed under the Social Host Liability Law. Brito's defense attorney Kevin Tagliaferri suggested the matter be continued without a finding for two years, meaning no jail time if they stay of trouble for two years.

However, Cunis said he would not continue the cases and noted Brito, the parent, "should have known better," and Mendez was "basically being a dumb kid, and it had terrible results." He also said he was troubled by a "web of lies" constructed by mother and son when police questioned them about the party after Bourque's death.

"What's the lesson there? If you made a mistake or screw up, just lie about it?" Cunis asked.

Cunis also described remarks Mendez allegedly made on the Facebook Web site after Bourque's death as "callous."

"Screw them. We'll beat this," Mendez wrote to another friend, Geffrey Bergeron, who also was charged after Bourque's death, Kunsch said.

Tagliaferri said he was "stunned the judge would consider sending these people to jail." His client, Modesta Brito, who does not speak English, is the mother of three teenage children. She also cares for a disabled 19-year-old niece and holds down a full-time job, he said.

Her son and Bourque were friends and seniors at Central Catholic High School in Lawrence. Bourque attended the drinking party at Brito's home on the night before his death. He got a ride home around 11 p.m. but left his home again two hours later.

Bourque crashed his car on South Broadway, and he was pronounced dead at Lawrence General Hospital shortly afterward. Bourque's blood-alcohol level at the time of his death has never been disclosed by authorities.

A police investigation after the crash revealed Mendez charged friends $5 to drink beer from a 30-pack he had in the refrigerator at his apartment. His mother was home that night and checked on the kids several times, according to police interviews.

After learning Bourque died, Brito allegedly said to her son, "This is going to get bad. You know I'm going to get in trouble." She and her son then agreed to tell police that she wasn't home during the party.

"She allowed her 17-year-old son to lie on her behalf," Kunsch said. "Her conduct was deplorable."

Brito brought letters from her pastor and landlord, both attesting that she's "a good, responsible mother," Tagliaferri said. She also doesn't speak English "which could be a factor in what occurred that night in her home," he said.

"She didn't witness any drinking going on," he said.

Jennifer Capone, defense attorney for Mendez, said the teens partying that night did everything they could to hide the alcohol from Brito. Since Bourque's death, Mendez has missed work and entered counseling.

He lied to police in order to protect his mother. "He wasn't trying to come up with an elaborate scheme," Capone said.

But Kunsch noted one teen interviewed by police said Mendez "has parties there all the time. (His mom) just wants everyone out by 12."

Cunis' proposed sentences yesterday included a year in jail, with 90 days to be served and the balance suspended for 18 months. He also wanted mother and son to perform 200 hours of community service each and write letters of apology to Bourque's mother. Their trials are scheduled to start on Sept. 24.

Two other students, Bergeron, 17, and Jamie Adames, 17, also faced alcohol-related charges after Bourque's death. Their cases were continued, and they were both court-ordered to speak to other students about the dangers of underage drinking.