Witnesses take stand in trial of Vermont man facing charges from 2023 Route 2 crash

Javery Hattat, at left with defense attorney R. David DeHerdt, in Franklin County Superior Court on Wednesday.

Javery Hattat, at left with defense attorney R. David DeHerdt, in Franklin County Superior Court on Wednesday. STAFF PHOTO/PAUL FRANZ

Javery Hattat in Franklin County Superior Court on Wednesday.

Javery Hattat in Franklin County Superior Court on Wednesday. STAFF PHOTO/PAUL FRANZ

Javery Hattat in Franklin County Superior Court on Wednesday.

Javery Hattat in Franklin County Superior Court on Wednesday. STAFF PHOTO/PAUL FRANZ

By DOMENIC POLI

Staff Writer

Published: 01-22-2025 8:33 PM

GREENFIELD — The state on Wednesday called its first three witnesses to kick off the trial of a Vermont man accused of seriously injuring a Rhode Island family of four in a head-on crash on Route 2 nearly two years ago.

Steven Gagne, the first assistant district attorney, started to build the case against Javery Hattat after 12 jurors were selected. He began to illustrate for them the events of March 12, 2023, when Hattat allegedly swerved the Toyota Tacoma he was driving into oncoming traffic, sending the four members of the Sojkowski family to the hospital.

Hattat, 33, has pleaded not guilty in Franklin County Superior Court to four counts of negligent operation of a motor vehicle while under the influence of drugs resulting in serious bodily injury, four counts of reckless assault and battery with a dangerous weapon, and one count of possession of a Class B substance (cocaine). He allegedly fell asleep at the wheel near Longview Tower on Route 2 in Greenfield while he was under the influence of drugs and crashed into the Nissan Armada carrying the Sojkowskis, who were returning home to Westerly, Rhode Island, from a Berkshire East Mountain Resort ski trip in Charlemont.

Gagne explained Hattat, who sustained a cut on his finger and lower back pain, was discharged from a hospital the day of the collision.

“No such luck for the Sojkowski family,” Gagne told the jury. He said parents Steve and Stephanie suffered far more serious injuries and were airlifted to Springfield, while the family’s 12-year-old boy and 9-year-old girl received comparatively less significant injuries.

When questioned by police at Baystate Franklin Medical Center following the crash, Hattat allegedly told officers he fell asleep after being up all night ingesting cocaine, but that he had stopped at a certain point so as to not drive impaired, according to a police report filed by Northampton Police Officer Heather Longley, a certified drug recognition expert who was called to assist the Greenfield Police Department. Hattat also allegedly admitted he had smoked marijuana about an hour before his drive to “stay awake.” Gagne told jurors the defendant, who had traces of alcohol in his system at the time of the crash, was reportedly cognizant when speaking with first responders but displayed “pinpoint pupils,” a sign of drug intoxication.

But Hattat’s defense attorney, R. David DeHerdt, said pupils contract in response to light and his client’s reported blood-alcohol content of .03% “can be caused by a lot of different things.” He also said Hattat was cooperative with police and there is no indication he was speeding, but “he was immediately treated like someone who should be charged with a crime.”

DeHerdt also said marijuana can stay in someone’s system for “30 days or even longer,” and urged jurors to “pay attention to what witnesses don’t say.”

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Gagne, prosecuting this case with Assistant District Attorney Aidan Lanciani, mentioned the crash was witnessed by various people who happened to have backgrounds in law enforcement and emergency medical services.

The first witness he called was David Payant, a retired police officer who was traveling behind the Sojkowskis while returning from Hager’s Farm Market in Shelburne. Payant, who said he worked for the Greenfield Police Department for 32 years before retiring in 2014, testified that he saw a black pickup truck strike the Nissan three or four vehicles in front of him.

“It was a sudden turn, in my mind,” he said.

Payant explained he immediately used his vehicle to block traffic and approached the vehicle to provide assistance. He said he saw a man and woman unconscious — with the woman bleeding from the mouth and nose — and another bystander helped the two children in the Nissan’s backseat. Payant mentioned he remained on scene for at least an hour trying to help extricate the two adults from the vehicle and, in a twist, he had trained the first Greenfield Police officer who arrived.

DeHerdt asked Payant if his view would have been clearer had he been closer to the vehicles at the time of impact.

“It was pretty clear to me,” Payant replied.

The state’s second witness, retired Connecticut firefighter James Schwartz, testified that he and his wife were driving home from a trip to Mount Snow in Vermont when they saw a pickup truck cross the center line and hit a Nissan.

“It was a big surprise,” he said on the stand.

Schwartz, like Payant, said he used his vehicle to block traffic and he heard Hattat repeatedly scream that “he had really [expletive] up this time.” Schwartz said his wife — an emergency room nurse — comforted the young injured girl and held her until an ambulance arrived.

The day’s final witness, Gavin O’Hara, stated he and his family were in the vehicle immediately behind the Sojkowskis when the collision occurred. He said he saw a “dark-colored truck” strike the Nissan and he narrowly avoided crashing into the vehicles by swerving around them at the last possible second. O’Hara said he immediately got out of his vehicle and went to assist the victims while his wife called 911.

O’Hara also mentioned he heard Hattat repeatedly say, “I [expletive] up.”

During cross-examination, DeHerdt told O’Hara that since he managed to swerve in time, perhaps Steve Sojkowski could have as well.

“No, not a chance,” O’Hara replied.

Wednesday’s session concluded at 1:10 p.m. The trial is scheduled to resume at 9 a.m. on Thursday.

Reach Domenic Poli at: dpoli@recorder.com or 413-930-4120.