There was a witness that saw what happened. Mention of the witness is here:

http://www.nashuatelegraph....ent-intentional.html


More details below:

http://www.nashuatelegraph....ent-intentional.html

quote Windham teen driver accused of deliberately hitting motorcyclist PELHAM - Cody Eller, 18, of Windham intentionally hit a motorcycle trying to pass him on Windham Road in this morning, leaving the motorcyclist with serious injuries to his leg, according to police. By CHELSEY POLLOCK Union Leader Correspondent 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.

As I rode in this morning and got run into the left turn lane by an asswipe who turned onto my road when I was maybe two car lengths before him I thought about what punishment I'd like to see this kid get for hitting that rider. To start with, one year in prison and 5 years parole after that. Full restitution for all costs on the part of the rider, no matter how many years it takes. After getting out of prison, 2,000 hours of community service to be completed within four years. And finally, purchasing space in the local newspaper once a year on the anniversary of the attack for five years to publish a letter of apology that details exactly what he did to the rider and all the consequences he and the rider sustained as a result.

quote Originally posted by JazzMan: As I rode in this morning ... I thought about what punishment I'd like to see this kid get for hitting that rider.

That would be distracted driving. Your thoughts would have been better spent on defensive driving. Perhaps, the driver who pulled out in front of you was also distracted. Your thoughts mirrored exactly what that kid's were. RAGE.
Think about it.

quote Originally posted by JazzMan: As I rode in this morning and got run into the left turn lane by an asswipe who turned onto my road when I was maybe two car lengths before him I thought about what punishment I'd like to see this kid get for hitting that rider.

If it turns out that the rider was passing on a double yellow, do you think he should be charged/fined with the penalty for an illegal pass?

edit: to fix the /quote]

[This message has been edited by 1988holleyformula (edited 05-19-2011).]

Maybe this is really old, but I just found out that Monty Python has an official YouTube channel now!!!

quote Originally posted by 1988holleyformula: If it turns out that the rider was passing on a double yellow, do you think he should be charged/fined with the penalty for an illegal pass? edit: to fix the /quote]

Absolutely. If the rider broke the law he should get a ticket. However, that does not in any way whatsoever absolve the attacker of any responsibility for his actions. Crossing a solid line, if that even happened, is not a valid excuse to murder someone. Whatever the chain of actions, reactions, etc. that led up to this attack, the moment the kid attempted to kill the motorcyclist he committed a serious crime. The concept that it's somehow less bad for one person to commit a crime just because another person has committed a crime is fallacious.

Was the driver over the double yellow line when he collided with the motorcycle? Or, was the motorcyclist, realizing that it was a double line, trying to still pass the car but remain in the center of the road on the double yellow line or within the car's lane on the far left? I've seen it before with cyclists.

Not saying the driver was right or justified, but if the driver didn't go over the double yellow lines when the cyclist was hit, there's a whole new ballgame. The defense is going to paint the picture that the vehicle driver was within his lane the whole time. The driver was going to make sure the cyclist didn't pass him in a no passing zone so the YOUNG driver got as close to the double yellow line as he could. The cyclist obviously sped up as this was happening and the two collided. The cyclist was in the auto drivers lane and was at fault. They both get a minor ticket and that becomes the end of it.

quote Originally posted by aceman: Was the driver over the double yellow line when he collided with the motorcycle? Or, was the motorcyclist, realizing that it was a double line, trying to still pass the car but remain in the center of the road on the double yellow line or within the car's lane on the far left? I've seen it before with cyclists. Not saying the driver was right or justified, but if the driver didn't go over the double yellow lines when the cyclist was hit, there's a whole new ballgame. The defense is going to paint the picture that the vehicle driver was within his lane the whole time. The driver was going to make sure the cyclist didn't pass him in a no passing zone so the YOUNG driver got as close to the double yellow line as he could. The cyclist obviously sped up as this was happening and the two collided. The cyclist was in the auto drivers lane and was at fault. They both get a minor ticket and that becomes the end of it.

If you read the provided links you would find out that the driver crossed over into the opposite side of the road to go after the rider. It seems to be broken into two segments, the first the driver veered into the rider and forced him almost off the road, and the second veer actually struck the rider and shattered his leg. Since the bike the rider was on has well over 100 HP it seems the rider didn't have a chance to accelerate out of the way of the second attack, so likely both swerves by the car were very close together, maybe a second apart, or perhaps it was one swerve with a hesitation before the driver decided to go ahead and kill the rider.

The driver already admitted (in the story) deliberately going after the driver with intent. A witness was mentioned who backed up both the driver's and rider's story. The only mention of any "illegal pass" was by the driver who, apparently, was under the mistaken impression that killing a motorcyclist is ok if the motorcyclist is passing illegally. One story mentioned that the police seemed to think the pass was in a passing permitted zone. If that's the case, the driver was wrong about any illegal pass as well, not that the pass's legality has anything to do with squat.

[This message has been edited by JazzMan (edited 05-19-2011).]

quote Originally posted by Fformula88: I had a car try to run me off the road a few years ago. I was on a divided highway, just cruising along, when a car next to me just flew over right in front of me, then nailed his brakes. No traffic or need to stop. I braked and swerved, and avoided. I was confused, as I was not driving aggressively, and cannot think of doing anything another driver might have been irritated with. Maybe I accidentally cut him off but it was still a dangerous, and uncalled for reaction. If that is how that driver is, then he will eventually wreck himself. I just hope he doesn't hurt anyone else with his rage.

Serial killers drive cars too.....

quote Originally posted by JazzMan: Absolutely.

We agree. Charge the kid with attempted murder with a deadly weapon.

Though I do hate to see someone's future ruined with that on their record... I mean honestly, how is an 18 year old supposed to contribute to society in the future after getting charged with something like that?

quote Originally posted by 1988holleyformula: We agree. Charge the kid with attempted murder with a deadly weapon. Though I do hate to see someone's future ruined with that on their record... I mean honestly, how is an 18 year old supposed to contribute to society in the future after getting charged with something like that?

He's SOL at this point (or should be). The circumstances are irrelevant - he should've thought of the ramifications before he tried to squish the biker.

quote Originally posted by skuzzbomer: He's SOL at this point (or should be). The circumstances are irrelevant - he should've thought of the ramifications before he tried to squish the biker.

Oh yeah, he's screwed (or should be). I just wish that there was a way to deal with criminals so they don't automatically become a taxpayer liability... (ie. put them to work doing civil service, but according to lawyers, its cruel and unusual punishment to make a criminal of society do the same tasks that garbagemen/construction workers/etc do EVERY SINGLE DAY to make this country a better place. /rant.

quote Originally posted by 1988holleyformula: Though I do hate to see someone's future ruined with that on their record... I mean honestly, how is an 18 year old supposed to contribute to society in the future after getting charged with something like that?

Facebook.

quote Originally posted by kyunderdawg: I've been passed a few times by a bike. They pull some things. I always put myself a great distance from bikes.....you just never know what'll happen. Why have road rage against a bike? Everytime one passes I'm a little envious.

I'm like you man. If one comes flying up next to me, I slow down. Who knows what crazy thing he's about to do. I put plenty of car lengths between me and a bike if they're in front of me too.

i had this happen to me afew weeks ago. i was driving down a slight hill. going 50kmh, enjoying my driving. listening to tunes and what not. then this ass hat going at least twice my speed comes flying up behind me. that right there you loose your licence for a week with the new speeding laws that just been in place. speed over 40 above the posted limit is a suspended licence and your car towed away.
anyways. as he was coming up fast behind me. he started to pass me. and this was in the city. in a nebourhood area. drivewas everywhere. tons of blind spots. if someone decided to pull out of there driveway. and the dude smacked into them. there would have been some deaths.

i thought about slamming my brakes and having him freak out and panic. but that could have resulted in a car crash because of his speed he was going

quote Originally posted by joshh44: i thought about slamming my brakes and having him freak out and panic. but that could have resulted in a car crash because of his speed he was going

A guy brake-checked an old lady here in the DFW area many years back, causing her to swerve off the road and crash. Killed her on the spot. IIRC he was convicted and sent to prison. This kind of crap looks cool on TV when the hero does it, but in real life it's anything but cool and often ends up with people dead and crippled. Many times the dead and injured weren't even related to the aggressors and their targets. It's like spraying machine gun bullets into a crowd trying to hit one person, which could easily be defined as an act of terrorism, and at the least is depraved indifference to human life.

Edit to add: I can't find a link to the story. I remember we discussed it in Texas Government class because our teacher at the time was a practicing criminal defense attorney by day and liked to bring up unusual and precedent-setting cases during lecture. This would have been back in the late 1990's.

[This message has been edited by JazzMan (edited 05-20-2011).]

quote Originally posted by JazzMan: I guy brake-checked an old lady here in the DFW area many years back, causing her to swerve off the road and crash.

Her fault. What if the guy had stomped on his brakes to avoid a little girl running into the street and she had rear-ended him and killed a little girl?

IMO, anytime that you are going faster than you can stop safely, its your fault. Did she not know the risks of driving at that speed?

Sidestory that has helped formulate my opinion:

I was driving one morning with a little bit of snow on the roads. I was starting to descend a hill in a residential neighborhood, and at the bottom there was a school bus. I applied pressure to my brakes, but the anti-locks malfunctioned in my Suburban, and I ended up sliding down the hill about 50 yards to collide head-on with a school bus. I had 7 passengers with me, and all attested that I was never going over 20 mph. I still was charged with "Speeds Excessive For Conditions" and had to pay a fine.

I fought the ticket, but the judge told me that any time there is an unexpected event that happens on the road, and the vehicle you are operating can't stop in time to avoid it, you are going too fast.

But now I've gone WAY off the topic of your OP. (At least it wasn't political though, right? )

c'mon - intentional "brake-checks" are just the inner azzhole getting out

not to say I dont do it......

quote Originally posted by 1988holleyformula: Oh yeah, he's screwed (or should be). I just wish that there was a way to deal with criminals so they don't automatically become a taxpayer liability... (ie. put them to work doing civil service, but according to lawyers, its cruel and unusual punishment to make a criminal of society do the same tasks that garbagemen/construction workers/etc do EVERY SINGLE DAY to make this country a better place. /rant.

Civil service is good, ditch diggers. Change how prisons are run. More death penalties, etc.

quote Originally posted by 1988holleyformula: Her fault. What if the guy had stomped on his brakes to avoid a little girl running into the street and she had rear-ended him and killed a little girl?

The story as I remember it was that the guy was roadraging on the victim and it ended when he got in front of her and brake checked her. I don't remember if she collided with him and then crashed and died, or if she swerved to avoid the collision then crashed and died. In either case, he was the driver that decided to use his car as a weapon that resulted in her death.

Tell you what, next time you're out driving why don't you roadrage on a cop then brake check them nice and hard. Let us know how that works out for ya.

quote Originally posted by JazzMan: The story as I remember it was that the guy was roadraging on the victim and it ended when he got in front of her and brake checked her. I don't remember if she collided with him and then crashed and died, or if she swerved to avoid the collision then crashed and died. In either case, he was the driver that decided to use his car as a weapon that resulted in her death. Tell you what, next time you're out driving why don't you roadrage on a cop then brake check them nice and hard. Let us know how that works out for ya.

Roadraging is an interesting psychological phenomenon... the thing is, people do the kinds of things that they would NEVER EVER do if they were just waiting in a line. Sure, once in a while two people in a line will get in a fight... but when you've got two people in a car (or whatever), they feel equally powerful. Sanity immediately slips out the window for many people when it comes to... "what happens if we crash?" or "what happens if someone is injured"... it's kind of nuts really...

I won't say for a minute that I haven't been involved in road rage myself... but I haven't been involved in anything like that for at least 6 years, and especially since my daughter was born, I've really matured in areas such as that.

Although... I did chase down the guy who hit me... but I NEVER would have done that had my daughter or wife been in the car (or anyone else for that matter).

quote Originally posted by JazzMan: The story as I remember it was that the guy was roadraging on the victim and it ended when he got in front of her and brake checked her.

Okay, that info will change my mind. Then that jerk deserves jail time if they had a history of passing each other back and forth. I don't get the logic of those that pass and then have to hit their brakes.

The first time I read it, it seemed like she was just driving fast, and someone in front of her stomped on his brakes.
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