Sanborn refused to take field sobriety tests and was placed under arrest for drunken driving, negligent operation and drunken driving resulting in an accident with serious bodily injury. Nasson said if the case is tried at the district court level, Sanborn faces a minimum of six months in prison. If he is indicted on the charges and arraigned at the Superior Court level, Sanborn faces 21/2 years in jail, she said.
“The fact is, this defendant is 100 percent going to jail,” Nasson said.
During booking at the Lawrence police station, Nasson said Sanborn “made extremely hateful and racist remarks” about Diaz.
Diaz, who is not married, works at Burger King on Route 28 in Salem, N.H., family members said.
Sanborn’s attorney, Christopher Holland of Haverhill, said his client, who had never faced arraignment before, was a 2010 graduate of Sanborn Regional High School, then went on to become a union electrician. Sanborn primarily works out of Boston, he said.
He asked Gaffney to set bail at $5,000 cash, noting Sanborn has strong ties to the community. Numerous members of his family and his girlfriend attended the arraignment yesterday, many weeping as he was brought into court shackled and handcuffed. He was dressed in a gray sweatshirt, olive carpenter’s pants and work boots.
Sanborn, he said, understands he faces a mandatory jail sentence. But Holland noted, police found him in his vehicle at the scene of the accident. “He did not attempt to flee,” Holland said. He also said Sanborn’s grandparents are longtime Haverhill residents.
Setting bail at $15,000, Gaffney also ordered Sanborn not to drink alcohol, submit to random urinalysis tests and report to the probation department once per week. He also banned him from driving in Massachusetts unless properly licensed.