PLAINFIELD — A Claremont 18-year-old faces two felony charges for an alleged drunk driving accident that killed another motorist.
Michael Martin III faces two Class B felony charges: reckless conduct using a deadly weapon and aggravated driving under the influence, causing a collision and serious bodily injury. Police cited a high blood-alcohol concentration and excessive speed at the time of the crash.
Martin, his passenger and the driver of another vehicle, 53-year-old Clayton Ezequelle, all sustained injuries from the crash and were transported to Dartmouth Hitchcock Medical Center from the scene.
At the time police filed an affidavit on Aug. 12, Ezequelle, who resided in White River Junction, Vt., was said to be intubated and in critical condition. He passed away at the hospital late on Aug. 13, State Police Lieutenant Sean Eaton confirmed Monday by phone, though he declined to share the exact cause of death.
“There’s a likelihood the charges will be upgraded,” Eaton said of Martin’s case.
Attorneys may file new charges now that the alleged DUI accident could be considered a negligent homicide. Police do not intend to submit a new affidavit, Eaton said, as the defendant’s conduct has not changed; the outcome has.
On Aug. 11, state police arrived on the scene at Route 12A in Plainfield following an 8 p.m. dispatch report of a possibly fatal car accident where people may be trapped inside vehicles at the intersection of River Road and Beauty Hill.
The two vehicles, a Chevrolet and a Toyota, had extensive damage and were piled on the side of the road. All three occupants had been transported to Dartmouth-Hitchcock Medical Center. A witness on the scene told police she saw the Toyota pass by at a high rate of speed seconds before the accident, according to the police affidavit.
New Hampshire State Trooper Brandon Rivard spoke with the Toyota driver, Martin, at the hospital once his condition was confirmed stable.
Martin told police that he and his passenger were returning from swimming in Quechee, Vt., and traveling at a speed of about 40 to 45 miles per hour before the crash, according to the affidavit. He recalled swerving left to avoid another vehicle at the four-way intersection, which he claimed caused the accident.
A phone tracking app used by Martin’s parent indicated that, at some point during the drive, his rate of speed was 100 to 105 miles per hour. The area where he allegedly crashed has a speed limit of 40 miles per hour.
While Martin denied consumption of alcohol that evening, he said he drank Hennessy approximately 18 hours prior, and that if detected in his system, it’s because he is a “lightweight.” Martin also said he smoked marijuana a few days prior and that he took medication that morning as prescribed, the affidavit said.
At the hospital, Rivard, however, noted an odor of alcohol on Martin’s breath and that he had red, watery eyes in the affidavit. While Martin participated in field sobriety tests from the hospital bed, he refused to take a breathalyzer.
Hospital staff who drew blood and tested it for alcohol informed the officer that Martin’s blood alcohol content was 0.22. The legal driving limit for adults over 21 years old is 0.08 BAC. For those under 21, it’s 0.02.
“At 1.5 BAC, individuals are experiencing severe impairment,” Rivard wrote in the affidavit.
Martin’s injuries included a collapsed lung and abdominal hernia. The Chevrolet driver police believe was hit also suffered serious injuries to his lungs among other areas before he passed away. Martin’s passenger underwent surgery for a hip injury, the affidavit said.
Dartmouth Health spokeswoman Elissa Borden said Monday that the hospital is not authorized to release information regarding the status of Martin and his passenger.
The maximum penalty for the Class B felonies of reckless conduct with a deadly weapon, contrary to RSA 631:3, and for aggravated driving under the influence, contrary to RSA 265-A:3, is seven years in prison and a $4,000 fine.
As of Sunday, Martin was held at Sullivan County Department of Corrections. Based on his case summary available Friday, he has not yet hired or been assigned an attorney.
While Martin’s arraignment at Claremont Circuit Court was set for the following day, Aug. 12, there is no plea for felonies in the lower court. He has a probable cause hearing scheduled for Aug. 24, which may push the case up to Sullivan County Superior Court.
