Windham [NH] teen driver accused of deliberately hitting motorcyclist

Manchester Union Leader ^ | May 13, 2011 | Chelsey Pollock

[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.

[Disambiguator]

I saw a similar incident on I-25 SB in downtown ABQ a few years ago. Some kid in a Hyundai was doing the speed racer thing and miscalculated a lane change, and suddenly everyone was slamming on their brakes.

The car ended up facing against traffic, and he must not have had his seat belt on, as he was in the passenger seat when the car came to rest. That certainly took the wind out of his sails.

[Salamander]

Me either but I've seen *bleeped* come off an entry ramp and -force- their way into the middle of 3500 riders doing a benefit run...*with* state troopers escorting us, lights flashing.

A few times, they've actually taken bikes down...and then 40 or 50 other bikers stopped to 'speak with them'...and the trooper escorts turned a blind eye.

Last year, a driver barreled from the left lane right through the pack to take an exit ramp on the right side of the group.

By the time we got there, I mistook the bloodied driver for the downed biker.

[he was down over the bank out of sight and fairly okay. can't say the same for the driver]

We had to stop for the ambulances coming and nobody said a word to the bikers about the driver.

Troopers just hauled him off.

When you have to risk your life just to get money together for the local VA hospital benefit, something's really messed up in this world.

A lot of people pack their kids on the back of their bikes.

Much as the little tykes love it, I ~really~ wish they'd leave them home.

I couldn't stand seeing a kid on the road and the parents don't seem to understand that being in the 'safety' of thousands of bikes is no guarantee.

[Salamander]

He should have taken that “good luck” as a sign of God’s mercy...and stern warning.

Probably didn’t.

The absolute *worst* place to be on a Saturday night is anywhere near the local stock car dirt racing track on RT 40 when the races are over.

The idiot fans are “fevered” and come screaming out of the parking lot like lunatics.

At least 3 people have been killed getting t-boned by the race fans while they were just driving down 40, minding their own business.

[BraveMan]

In Wisconsin, bankruptcy is the new “get out of jail free” card. I speak from personal experience. We were unable to hold the filers responsible for their actions.

[DJ MacWoW]

Years ago I never worried about someone purposefully hitting us. Things have changed. Our “me” society is growing dangerous.

[Salamander]

Us, either but then the DC/Balto libs fleeing their crime-infested environs moved out this way.

*Everything* changed.

I’ve never been nearly-hit by a vehicle sporting conservative stickers...it’s always the ‘save the whales’/my cat voted for Obama’ crowd...and bimbos on cell phones.

[never mind that it’s -illegal- to use a cell while driving in the state, now]

Other bikers may “look down” on trikes but we can kick the hell out of a car door and not worry about falling over.

When it comes down to you or them, you’d be amazed how much “you” are capable of.

[4woodenboats]

What need does this clown have of a job if he's just about to do time?

Sounds like she's ready to judge this an "infortunate meeting of an innocent but naive driver and a sleazeball biker who wouldn't be missed by anyone".

[DJ MacWoW]

I live out in the sticks and the same thing is happening. And they bring their “problems” with them. And their attitude.

[hadit2here]

Checked your map link and funnily enuf, a ways before that area (further north?) it showed the Google map car passing another vehicle with the double line indicating a no passing zone.

So the motorcyclist isn’t the only one ignoring the double lines. Photographic proof. Ooops!

[whd23]

Nah. The google cars have cameras facing forward, left, right, and back. So the google car was just travelling in its own lane and you’re viewing the rearward images.

[ConservativeWarrior]

So next time somebody in a kiddie car tries to crowd me in my Yukon, I should enact “Cody’s Rule” and just squash them against a guard rail?

Or you can put their car in the back of your truck to bring home.

I've often thought the ideal commuter vehicle would be a beat-to-death 1980's 150 with dented panels and rusted pipe bumpers. Good for city parking, too.

[hadit2here]

Yeah, thanks. I realized that after I went back and played with the view a bit. Don’t use Google much. In fact, I take every possibility I can to stay away from it. ;^) They’re evil.

[Eastbound]

"He could have killed that motorcyclist!"

Would anyone argue that wasn't the homicidal maniac's secret intent? I sure wouldn't. The judge is definitely suffering from failure to understand the situation.

A Rider.

[Ghengis]

Did not the police statement indicate that the motorcyclist was operating legally?

Did not the statement of the driver indicate that he knowingly, illegally interfered with the motorcyclist in the legal operation of a motor vehicle on the highway?

Did not the intentional, illegal act by the driver cause injury and a significant risk of death to the motorcyclist?

[Salamander]

Wow!

Good idea!

I’ll keep an eye out for a nice little Honda CRX.....;)

[Salamander]

Now their ‘problems and attitudes’ here are bankruptcy and mortgage defaults, thanks to their savior.

Schadenfeude rules.....:)

[Ghengis]

Every year, here, we have least one or two bikers who die on back roads in “single vehicle accidents” when their bikes “went off the road for no apparent reason”.

I was one of those unexplained single bike accidents, that lived. I was run off of the road when a car came around a blind curve on my side and traveled in my lane. He drove for at least 100 yards before I finally had to leave the road and my bike went down on the sloping berm. I slid on my back quite a ways and tore my hand up grabbing a road sign to keep from sliding into the roadway on the blind curve.

A Township Police Officer happened by as I was examining my bike. It was damaged, but was able to be ridden home. He made sure I didn't want to go to the hospital and advised that it'd be a waste of time to do a crash report unless I was turning it into my insurance.

I was young and dumb, so I went on my way. Finally figured out that he was just saving himself a couple hours worth of paperwork.

If I'd have been a fatal, it would have gone in the books that I left the road on my own accord. No witnesses.

[Ghengis]

OK. Saw that I answered in haste after reading your corrections.

[Freedom_Is_Not_Free]

The punk is evil. At the same time, there are a ton of squids out there and I understand how people can become enraged by illegal/rude behavior by motorcyclists. In big cities, this is the norm. The riders act like they are completely above the law. A pox on them.

I hated lane splitting even though it was legal on California highways, even those highways that are low speed and in town as long as it is a designated highway. I only split lanes when traffic was at a near standstill or on VERY rare occassions, when I was really really in a hurry with need, not just joyriding or commuting.

Too many riders will put their bikes anywhere they will fit with complete callous disregard to how that action is viewed by the parade of drivers. If it is legal behavior, that is one thing. But crossing yellows, passing on the right, passing on the shoulder, cutting across traffic between moving cars, splitting lanes where it is not legal to do so — all of that enrages cars. Squids have only themselves to blame.

All that said, the punk is evil. On 2 wheels, you are defenseless. Worse than evil, he is a coward and a bully - using a huge armored battering ram on a person’s exposed body. Yes, that is road rage and deserves punishment.

[Little Pig]

At the risk of sounding "age-ist", the clue to that conundrum is likely found in the rider being 45 years old. I'm 40 myself, and if I hadn't been riding since I was 9, I'd think twice about swinging a leg over a 200-hp motorcycle in my mid-40s. I wouldn't be surprised to find that this guy has more money than experience, and bought the big ZX because it looks cool (and it does; some people forget that Kawasaki built airplanes once upon a time and it shows in this bike). Far too many people buy way more bike than they can handle, and end up in situations like this where an experienced rider would know enough about his bike's capabilities (or not be too scared of his bike to act) to be able to avoid the incident.

I was reminded of an incident I read about on a bike forum, where another mid-life rider (40s-50s) had the throttle on his Hayabusa (second-fastest bike on the planet) lock up WFO on him on the highway. Rather than pull the clutch and thumb the killswitch, he tried to ride it out and ended up lowsiding into a car, injuring himself and his passenger. I don't know how much riding experience he had, but it does illustrate the need for adding some new second-nature habits when you ride.

And, for reference, this is the bike that apparently couldn't outrun a Ford Fusion: