Posted on 05/16/2011 4:28:39 AM PDT by whd23
PELHAM - “I wasn’t going to let him pass me.”
That’s what police say a Windham teen told officers at the scene of a motor vehicle crash in Pelham early Friday morning, where the 18-year-old is said to have intentionally crashed his car into a motorcyclist, causing serious injuries.
Cody Eller of 123 Lowell Road in Windham was arraigned in Derry District Court Friday morning on a felony charge of second-degree assault and a misdemeanor charge of vehicular assault.
Police said Eller was driving south on Windham Road in Pelham around 4:30 a.m. Friday when he noticed a motorcyclist trying to pass him on the left, according to a police affidavit filed at Salem District Court.
William Hawksley, 45, of Brentwood, was identified by police as the driver of the Kawasaki ZX1400 motorcycle. Both were nearing the intersection of Tallant Road, according to the affidavit.
As Hawksley attempted to pass Eller’s Ford Fusion, Eller allegedly crossed into the northbound lane, nearly forcing the motorcycle off the road, said Pelham police prosecutor Dennis Mannion Friday morning.
Eller’s car then allegedly struck Hawksley on the right side, fracturing Hawksley’s leg in several places, said Mannion. Hawksley was taken to Parkland Medical Center in Derry where he awaited surgery Friday, he said.
Mannion said Eller told an officer at the scene that he intentionally steered his car toward Hawksley to prevent him from passing.
“Yes, he was passing me illegally,” Eller said, according to the affidavit.
Pelham police Lt. Gary Fisher said Friday that investigators believe Hawksley was in a legal passing zone at the time of the crash.
Mannion called the incident an extreme case of road rage.
“Obviously, that are acts of road rage from time to time, but this is the most serious I’ve seen in my career,” said Mannion. He has been in law enforcement for 16 years.
Mannion asked a Derry District Court judge Friday morning to set Eller’s bail at $5,000 cash, which was upheld. Before Friday, Mannion said Eller had no criminal record and only a single speeding ticket from 2010.
“We felt that the incident that took place this morning was serious enough that if he was released he would be a danger to public safety,” said Mannion.
Judge Kristin Spath chose not to grant Mannion’s request that the teen be barred from driving if released on bail.
“I’m hesitant at this point to adopt the state’s recommendation with respect to your not driving,” Spath told Eller during his arraignment. “Mostly, it’s in the hopes that you can be out looking for a job.”
Eller told the court he had recently lost his job and that he had been looking for work but had no luck.
If Eller makes bail and commits another driving violation, Spath said his bail could be revoked.
He is scheduled to appear in Salem District Court for a probable cause hearing May 23.
One for the motorcycle ping list
It is not road rage. It is attempted murder.
> “Mostly, it’s in the hopes that you can be out looking for a job.”
With all due respect, your Honor, who would want to hire a guy with deadly anger management issues?
Not I, that’s for sure.
Why isn’t the DA pressing for attempted vehicular homicide?
Also, nice bleeding heart judge there... Hope someone runs her arse off the road then then gets a slap on the wrist while she’s lying in pain in a hospital bed.
Does society benefit from having this person around? I don’t think so. His behavior is egregiously anti-social.
“I’m hesitant at this point to adopt the state’s recommendation with respect to your not driving,” Spath told Eller during his arraignment. “Mostly, it’s in the hopes that you can be out looking for a job.”
Well Judge the motorcyclist is going to be out of work for awhile!!
Thqank you for including [NH] in brackets. I would have assumed Windham, CT.
Touché!
Perhaps the judge should have said something to the effect of: "You should be out looking for a job; you're going to need it when the victim sues your sorry ass."
I have had experience with these suicidal motorcyclist on interstate 91 during rush hour and I’ll tell you they scared the hell out of me.
I had three of the sob’s weave between me and a tractor trailer that was less then two vehicles spaces from me and we were moving at 65 mph.These idiots weaved in between us so close that If I didn’t hit the brakes he would have been creamed.Something I didn’t need as I just ended a day at work.
After experiencing that I have NO sympathy for motorcycle drivers who place themselves in these dangerous situations by failing to follow the rules of the road.
how about those who follow the tules of the road. the cager was the only one who said the bike was in a no passing zone, the cop said he was in a passing zone. please consider before you lump ALL riders into a catagory based upon the actions of a very few.
Its a sign of the times if the community allows the little punk to get away with it. The motorcycle was in a legal passing zone. The people of the community should take the punk kid out and break his legs.
Here's a link to the general area where the incident took place.
My apologies, I failed to include you on the ‘To:’ list.
You’re not going to believe this ping.
I think that the competitive idea that you can't let people pass is remarkably common among immature drivers.
Yeah, there is a passing zone north of Tallant Road. This punk cager just felt like he owned the road.
18 year old Cody is about to learn his state’s bankruptcy laws, as are the adults who sponsored his ability to drive.
Dirtbag should be tried for attempted murder. Worthless waste of oxygen...
Back in 1964 I bought my first new car, a Volkswagen. Top out 72 mph. I drove from Raleigh to Kingsport on US 70/421 repeatedly.
I learned early on that unlike my old chevy, people resisted being passed by a Volkswagen and frequently speeded up to prevent that happening.
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