Had driver in Provo crash been drinking?

PROVO — The man driving the car that crashed Saturday in Provo, killing two passengers, has been arrested 15 times since 2003.

Benjamin Louis Shaw, 23, of Provo, is being held without bail in the Utah County Jail for investigation of automobile homicide and driving under the influence.

Police say Shaw consumed several beers before getting behind the wheel of a car that crashed into a traffic-signal pole at the intersection of University Parkway and 550 West. Four of Shaw's friends were in the car at the time of the crash.

Backseat passenger Stephan Sean Peery, 20, of Provo, was pronounced dead at the scene just after 5 a.m., and Ashley Ann North, 20, of Pleasant Grove, was taken to Utah Valley Regional Medical Center, where she later died.

Passenger Edward Cody Fairbanks, 22, of Provo, was in the back seat with the two others and was ejected upon impact. He suffered severe head and spine injuries, Provo Police Capt. Cliff Argyle said.

It's possible Fairbanks may be paralyzed from the neck down. More tests need to be done to determine the extent of the damage, however, according to an affidavit of probable cause filed in 4th District Court.

Shaw suffered minor knee and back injuries. Another female passenger, 20, of Provo, who was sitting in the front seat, was not injured.

Shaw's vehicle was traveling westbound on 2230 North toward the intersection when it hit the north-west curb, Argyle said. Police said the car was traveling an estimated 70 mph. The driver lost control and the 1999 Pontiac Grand Am slid clockwise in the intersection until it hit the signal pole on the southwest corner, Argyle said.

No other cars were involved.

When police arrived, officers reported that Shaw had slurred speech and bloodshot eyes, according to the affidavit.

Using a portable breath test, an officer found that Shaw's breath-alcohol concentration was .195 — Utah's legal blood alcohol limit is .08 — and Shaw told police he had previously had three beers before driving, according to the affidavit.

Peery's family, however, said Monday they are not angry at Shaw.

"We don't want Ben to be facing criminal charges," father Sean Peery said. "Ben doesn't deserve to serve the rest of his life in prison. He's a good kid. He's struggling hard. Stephan's mother and I don't want him to feel responsible because he's not."

The Peerys described their son as a great kid who loved sports.

"He loved football; anything with a ball," Sean Peery said. "He loved to make people laugh. He wasn't afraid to admit his faults — and he had some. He was a good kid. We're going to miss him."