18 year old punk hit motorcyclist on purpose for trying to pass him.
#1
05-18-2011, 07:41 AM
18 year old punk hit motorcyclist on purpose for trying to pass him.
Just can't believe people like this punk are out there but they are out there.
http://www.unionleader.com/article/2...WS03/110519957
http://www.unionleader.com/article/2...WS03/110519957
Windham teen driver accused of deliberately hitting motorcyclist
By CHELSEY POLLOCK
Union Leader Correspondent
Published May 13, 2011 at 10:08 am (Updated May 13, 2011) ShareThis
CODY ELLER
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.
By CHELSEY POLLOCK
Union Leader Correspondent
Published May 13, 2011 at 10:08 am (Updated May 13, 2011) ShareThis
CODY ELLER
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.
#2
05-18-2011, 08:07 AM
Road Warrior
Doesn't shock me in the least. Every time I think to myself, "I've seen/heard it all" some jackass comes along.
#4
05-18-2011, 08:21 AM
He's not losing his license as a condition of bail.
Hopefully, he's not going to need his license after trial, as there are few opportunities to drive in prison.
Hopefully, he's not going to need his license after trial, as there are few opportunities to drive in prison.
#5
05-18-2011, 08:29 AM
Elite HDF Member
Seems that would be assault with a deadly weapon. What's next, intentionally running over some pedestrian because they are crossing the street on a no crossing signal?
#7
05-18-2011, 08:46 AM
Depends on the laws of the state in question. Since this was a deliberate criminal act, his insurer might not be required to cover the damages.
It depends on state law. Fortunately, in many states the law requires insurers to cover the damages of the victim even if the loss arises from their insured's criminal act.
They can then sue their insured to recover the money they pay out.
If, that is, their insured isn't a flat-***-broke idiot child. I'm hoping that the little dumbass was driving his parents' car and they have decent insurance. If the little idiot has his own insurance, it's probably a 20/40 (or whatever pathetic amount the state sets as a minimum) policy that won't begin to cover this guy's property damage, injuries and lost work.
Matt
It depends on state law. Fortunately, in many states the law requires insurers to cover the damages of the victim even if the loss arises from their insured's criminal act.
They can then sue their insured to recover the money they pay out.
If, that is, their insured isn't a flat-***-broke idiot child. I'm hoping that the little dumbass was driving his parents' car and they have decent insurance. If the little idiot has his own insurance, it's probably a 20/40 (or whatever pathetic amount the state sets as a minimum) policy that won't begin to cover this guy's property damage, injuries and lost work.
Matt
Last edited by MattInFla; 05-18-2011 at 08:48 AM.
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#9
05-18-2011, 09:25 AM
"It depends on state law. Fortunately, in many states the law requires insurers to cover the damages of the victim even if the loss arises from their insured's criminal act.
They can then sue their insured to recover the money they pay out."
You're assuming he has insurance. This is an example of why every rider should have the highest limits of uninsured and underinsured motorist liability they can purchase. I have $500,000 single limits.
They can then sue their insured to recover the money they pay out."
You're assuming he has insurance. This is an example of why every rider should have the highest limits of uninsured and underinsured motorist liability they can purchase. I have $500,000 single limits.
Last edited by barjbar; 05-18-2011 at 09:28 AM.
