WATCH YOURSELF! Road raging hurts!

http://www.unionleader.com/article/20110513/NEWS03/110519957

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


<!-- Strip bold tags from body -->

<TABLE style="MARGIN: 0px 10px 10px 0px; FLOAT: left" width=1 sizset="73" sizcache="0"><TBODY sizset="73" sizcache="0"><TR sizset="73" sizcache="0"><TD sizset="73" sizcache="0"><!--Photos

-->

• CODY ELLER

</TD></TR></TBODY></TABLE>
<!-- Split story body in half so an ad can be inserted inline -->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.
<SCRIPT language=JavaScript> var enableForum = "false"; /* var elementTest = document.getElementById('storyadinline'); if (elementTest != '' && document.getElementById('storyadinline').clientHeight < 100) { document.getElementById('storyadinline').style.visibility = 'hidden'; //document.getElementById('storyadinline').style.margin-left = '0px'; //document.getElementById('storyadinline').style.margin-right = '0px'; } */</SCRIPT>

:eek1 WOW!!! Never saw this before. I bet he gets 205 days in jail.

And head explody... http://www.advrider.com/forums/showthread.php?t=687796&page=19

wow.. i hope they take it away. Accidents are one thing, intentionally running over someone is attempted murder with a deadly weapon. I'd hope he has nothing more than a 10 speed for the rest of his life

What a complete scumbag, hope he spends some time inside and has a very unpleasant time!

Beatdown... BIG TIME.

I hope he gets ass-fucked by 205 other inmates!

if you see this whiney little bitch in the street

http://youtu.be/Mqy5x15uu0k

Where's Boston Sprint? And this thread too can go down in flames.

He just wanted to getting some attention too.

Maybe...It seems like we've heard about things like this 205 times!

...Only if someone else takes it there.

.....It's foul, completely foul. I opened a thread on it the other day and will be there on Monday with cameras rolling so you can see and hear what the networks won't show you.

http://christopher-king.blogspot.com/2011/05/kingcast-implores-hillsborough-county.html

16 MAY 2011

KingCast implores Hillsborough County Attorney Dennis Hogan to do the right thing in Cody Eller road rage motorcycle case: Prosecute him for First Degree Assault.

YouTube video should be up Monday night.

Hope he gets "Ned Beattyed" in prison.

Why. He wll be punished by the law; you additionally want him half-lynched (or worse) only because he injured a fellow rider? I understand we're all unhappy when a rider gets targeted by a driver and badly hurt; but hoping for additional punishment via prison rape is not helpful. Or civilized.

OK cupcake

I can sort of agree except that the jackass is clearly guilty and admitted it. I had a jackass cop in a Deposition laugh at the prospect of me being raped in prison when he was reading some hate mail I received from the KKK types, dumbass didn't realize it was on the record, eventually he was fired for my case and a bunch of other bullshit. Not exactly parallel but anyway I digress:

Here is a great point from another board:

Exactly.

I may cut and paste a bunch of comments from reader boards without identifying anyone specifically and file them with the court.

This is a good one, particularly since in Nashua a woman was convicted of murder for intentionally striking a pedestrian with a car!

20-40 years, mate:
http://tinyurl.com/42pmccp

I just want government to be consistent:

So while NH does not have Attempted Murder, he should be facing the highest level assault, thanks for the reminder!

OK, just in case this isn't known by some: A thread with the same topic has been started here recently, went sideways, got punted downstairs and went down in flames, straight to Head Explody.

There's a good chance this one will follow. Internet bravado and keyboard commando antics won't be helpful, just like smartass comments and dickery.

When in doubt about what to post, everyone's welcome to take a look at the site rules again.

Cheers, Flood
TPL moderator.

Respectfully, I just checked those site rules and I didn't see the phrase "smart ass comments" mentioned once.

I like reading smart ass comments... dumb ass comments, not so much.

To be clear, I was referring to what was going on in the last thread.

yes

I will have to keep it on another level entirely when I file this Amicus Brief (Friend of the Court brief) with the Court tomorrow.

They can ignore it or even potentially refuse to accept it but there is no limitation on whether a private citizen can weigh in on pending criminal cases. This means that anyone here can and should, in my opinion, do the same thing. Chats on a board are great, but without impact to the Court they can be ignored.

May it please the Court:

As an avid Motorcycle rider for the past 38 years I read about this case in absolute horror. The fact that the rider was apparently not even violating the law in any way only fueled my contempt for the actions of Cody Eller, who apparently admitted he fully intended to strike the motorcycle ridden by William Hawksley.

As such, this case is no different from that of the tragic Nashua case in which Ivonne Hernandez diverted from her path home and struck and killed Matthew Beaudoin, using her vehicle as a weapon.

Ford Fusion vs. Kawasaki ZX14

2010 Ford Fusion Curb weight: 3591/ 3803 (Front/AWD)

2010 Kawasaki ZX14 Curb weight: 567

2010 Ford Fusion safety structures:
• Electronic Stability Control
• 4-Wheel ABS • Child Seat Lower Anchorage
• Adjustable Upper Belt - Front • Seatbelt Pretensioner • Energy Management Feature
• Advanced Air Bag Features (8 bags) • Side Airbag - Front • Head Airbag - Front

2010 Kawasaki XZ14 safety structures:
Brakes and Tires.

After reading hundreds of comments on dozens of motorcycle boards around the World, I have found the single most relevant passage to help the Court understand the grievous nature of Defendant Eller’s actions, such that he face New Hampshire’s highest level Assault rather than the Second Degree charges he now faces.

Exactly. I may cut and paste a bunch of comments from reader boards without identifying anyone specifically and file them with the court. This is a good one, particularly since in Nashua a woman was convicted of murder for intentionally striking a pedestrian with a car! 20-40 years, mate: http://tinyurl.com/44umsn7

Hernandez’s actions, Senior Assistant Attorney General Susan Morrell said Tuesday, showed a clear disregard for human life and deserved a stiff sentence.

“When she accelerated and drove her car at Matthew and his friends, she committed murder,” Morrell said. “The sentence in this case should not be discounted because the defendant used a vehicle rather than a gun or a knife.”

From my Journal Entry:
http://christopher-king.blogspot.com/2011/05/kingcast-implores-hillsborough-county.html


16 MAY 2011
KingCast implores Hillsborough County Attorney Dennis Hogan to do the right thing in Cody Eller road rage motorcycle case: Prosecute him for First Degree Assault.

Dear Prosecutor Mannion:

Millions of motorcycle riders worldwide wholeheartedly concur with your statement that Mr. Eller exhibited a severe case of road rage and we hope that you prosecute him to the fullest extent of the law, including community service in a trauma unit.

A Google search of Cody Eller road rage will reveal some relevant discussion threads and my journal contains my review of the situation here:

However we are very concerned that he was not charged with First Degree Assault. Most of us believe that Attempted Manslaughter would have been a good place to start if NH carried such statute, but as it does not we would settle for First Degree Assault as the elements are clearly all there. Mr. Eller is cognitively aware that he is driving a 3,000-3,400 lb automobile against a 5-600 lb motorcycle with an exposed rider. He is charged with constructive knowledge that serious bodily harm will ensue, and he admitted that he willfully committed his actions.

631:1 First Degree Assault –
I. A person is guilty of a class A felony if he:
(a) Purposely causes serious bodily injury to another; or
(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g;

We need to send a strong deterrent and punitive message with this case, and I know that motorcycle boards all over the country will be watching and I will be at his hearings running courtroom video.

Please advise.

Respectfully submitted,

/s/Christopher King
______________________
Christopher King, J.D.
http://KingCast.net -- Reel News for Real People
617.543.8085m