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.
gotcha! sorry if I took offense. some people are quick to blame the rider for the actions of the cager. but even if the rider tried to pass in a no passing zone, the cager was clearly wrong for his reaction.
if he think’s he isn’t so mean, he should go and look closely at the biker and the injuries he caused by his childishness. but it seems that we’re in agreement.
No worries. We’re definitely in agreement. As I mentioned in a previous post, I’ve been passed illegally and I normally just slow down so as not to be involved in any resulting crash the moron passing me might cause. In this case, the biker does appear to have at least started his passing in a legal zone, but either way the ‘cager’ is at fault.
It is not road rage. It is attempted murder.
Amen, and I’m sure this charge will never see the light of day. Doesn’t matter whether four wheeler or cycle, the number of these attempts goes up every year I drive. If I see them, and so far have been able to avoid them, one wonders just how much of this goes on. After all, if you kill someone and there aren’t any witnesses, you can probably lie your way out of any conviction.
Should have had a 500,000 dollar bond right of the bat.
expect more motorcycles on the road folks.
A single rider can use the HOV lane (per fed law)
Good gas milage.
easier parking.
At best there is a debate about the circumstances. The biker might have pushed to the edge of the legal zone but there is no conclusive proof he ever was outside of it.
This isn’t to say it wouldn’t have been wiser for the biker to exercise more caution — but what he did doesn’t necessarily rise to a violation of any law or code.
I think we all have been passed illegally. the fact is that we let it pass and don’t take it personally - maybe the guy has an emergancy at home or somewhere. sometime I do get ticked, especially if I am endangered, but if the guy wants to eat a bread truck, I won’t get in his way.
and I ride accordingly, and never pass unsafely - it isn’t worth it.
If you really stick your foot in it, it is considered good FR etiquette to hit Abuse on your own post and ask the mods to delete it, which usually happens quickly.
Good to know, thanks!
He should never be allowed to have his license again. What an @$$! He shoudla lso be required to pay for all medical for as long as needed because injuries like this sometimes take years to recover from.
He should never be allowed to have his license again. What an @$$! He should also be required to pay for all medical for as long as needed because injuries like this sometimes take years to recover from.
I agree with you Little Pig. A ZX1400 can easily become a vanishing point in the distance with little effort. I find it difficult to believe he lost a race with a Ford Fusion.
I also echoing others’ dismay at the simpering hand-wringing judge not revoking this guy’s license.
I don’ know about your state but here a judgement from court could not be solved by bankruptsy.You would still owe that bill no matter what.
Second-degree assault? He should go down for assault with a weapon and/or attempted murder.
Depending on how close he was to the intersection, speeding up may not have been a viable option. Speed and cross roads do not make good friends.
That’s another reason why we ride separate bikes or in groups.
They may take one of us out but they still have to deal with the others....and it won’t end well for them.
At least this creep was honest enough to admit that he was gunning for the bike.
Others like him just play dumb.
Even if the biker were flagrantly breaking the law and passing on the *shoulder* while popping a wheelie, is that a valid excuse for trying to -kill- him?
Who appointed “Cody” to be his judge/jury/executioner?
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?
:)
Just yesterday I was on I70 eastbound and a bronze Jeep was hauling ass and passing heavy Sunday going-back-home traffic every which way but loose.
About 7 miles from the time he passed me on the right, I came around a curve, only to have to slam on my brakes because there was the bronze Jeep, halfway in the middle of the fast lane, in front of the small car containing a mom and kids smashed up in the middle of the fast lane.
Pieces of her car were still flying and spinning on the road as I was stopping.
Judging by the extreme damage to the front/right of her little car, it wasn’t hard to see what had happened.
His “hole shot” fell a bit short, that time.
“After all, if you kill someone and there aren’t any witnesses, you can probably lie your way out of any conviction.”
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”.
Yeah.
Sure.
If only Holsteins could talk.
Riders are so vulnerable that I can’t begin to imagine how someone could do such a thing. For ANY reason.
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