Social Host Liability

Mother sent to prison for hosting son's underage drinking party
By Jill Harmacinski, Eagle Tribune (abidged)
January 08, 2009

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.

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.

"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."

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.

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."

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

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.

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."