LAWRENCE — Modesta Brito knew her teenage son was having a party on the night of Nov. 24, 2007. She was aware he and his friends were drinking beer in her home. And she knew they were playing the drinking game quarters, even giving them a plastic cup to bounce the coins into, a prosecutor said.

Allowing the underage drinking party in her Hampshire Street apartment was a risk Brito took. That risk became harsh reality when Ryan Bourque, 17, left the party and was killed in a car crash, prosecutor Jennifer Kunsch said.

"That reality turned into a tragedy," Kunsch said.

Brito, a 42-year-old mother of three, will spend the next three months in prison after yesterday admitting to violating the state's Social Host Liability Law and allowing the party in her home.

After Bourque's death, both Brito and her son Edrian Brito Mendez, were charged with violating the state's Social Host Liability Law. It was the first time ever, in Essex County, such alcohol charges were filed against both parent and child.

"Parents think they can control the situation and provide a safe haven by being there," said Essex County District Attorney Jonathan Blodgett. "The message is the law is the law."

Accompanied in court by tearful members of her family, Brito yesterday was handcuffed and taken to MCI-Framingham to start serving her sentence immediately.

"You were the responsible adult. You were the one who should have been looking out for your son and the other kids," Judge Thomas Brennan said. "In this case, the consequences were tragic and for that, you bear some responsibility."

A 12-year resident of Lawrence, Brito had no previous criminal record. She held a full-time job at Joseph's Middle Eastern Bakery, and cared for her three teenage children and a 19-year-old niece with a disability, according to her lawyer, Kevin Tagliaferri.

Tagliaferri said the underage drinking party was "not the case of a cool mom wanting to party with her kids' friends."

"It's not something she engaged in in the past. And it's not something she'll engage in in the future," Tagliaferri said.

Mendez, 18, now a student at Northern Essex Community College, also was charged with two counts of providing alcohol to minors. All of his charges were continued without a finding for a year in a plea agreement reached and approved by Brennan earlier yesterday.

Mendez's defense attorney, Jennifer Capone, broke into tears as she described the regret the teen feels over Bourque's death. The two were both students at Central Catholic High School.

"He takes responsibility and he doesn't want to sit here and say he doesn't have any remorse," Capone said. "He's very emotional and upset and I am too from working with him."

Brennan noted that the primary responsibility for supervising the household rested with Modesta Brito as her son was then 17. However, the teen is still "responsible for his actions."

"This is a very serious matter and the consequences were horrendous," Brennan said.

Two of Bourque's relatives were in court yesterday. They left quietly after the proceeding and declined comment.

A senior at Central Catholic, Bourque got a ride home from the party at Brito's house around 11 p.m. He left his home again two hours later and crashed his car on South Broadway. He was pronounced dead at Lawrence General Hospital shortly afterward.

A police investigation revealed that Mendez charged friends $5 to drink beer from a 30-pack he had in a refrigerator in the apartment.

After learning that Bourque had died, Brito allegedly said to her son, "This is going to get bad. You know I'm going to get in trouble."

In July, the mother and son rejected a deal where they would both serve three-month jail sentences, deciding instead to take their chances at trial. Both trials had been expected to start yesterday.

Brito was formally sentenced to one year in jail with 90 days to be served and the balance suspended for two years. She also will have to serve 200 hours of community service and pay fines.

Mendez must undergo alcohol evaluation and treatment, attend alcohol education programs and perform 100 hours of community service. He also must speak to youth groups about the dangers of alcohol and pay fines.

His sentence was similar to that of two other Central Catholic students, Geffrey Bergeron, 17, and Jamie Adames, 17, who also faced alcohol-related charges after the party. Their cases were continued and they were both ordered to speak with other students about the dangers of underage drinking.

Speaking generally about underage drinking, Blodgett said he hopes parents understand "there's no gray area. It's a black and white law."

"It's very important the public understands how serious these charges are," he said. "The Legislature amended the law to take into account parents who hold these parties."

In addition to deaths, sexual assaults and other crimes are reported after such parties, he said, referring to a series of pending criminal cases in Essex County.

"Once more we need to get the message out there that parents need to lead by example. ... There are tragic consequences," Blodgett said.

Lawrence police Chief John Romero commended Judge Brennan "for recognizing the seriousness of the charge."

"There can be no worse consequence to a parent's participation in underage drinking than the tragedy that fell upon the Bourque family. Parents have to realize that young people that are drinking may well be getting behind the wheel of a car," he said.

"This case should stand as an example that people will be held accountable for their failure to take responsible action," Romero said.

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