PLAINFIELD — A 19-year-old Claremont man accused of drunk driving in August has been indicted on two negligent homicide felony charges, in addition to his original charges.
The indictment for the homicide comes retroactively, as a 53-year-old motorist involved in the crash died days after the suspect’s arrest.
A Sullivan County Grand Jury found probable cause that Michael Martin III committed one Class A felony: DUI negligent homicide, and three Class B felonies: negligent homicide; aggravated DUI causing serious bodily injury; and reckless conduct using a deadly weapon, specifically a truck.
Around 8 p.m. on Aug. 11, state police responded to a serious crash on Route 12A and observed two heavily damaged vehicles: a Chevrolet and a Toyota. Emergency personnel transported the two occupants of the Toyota, Martin and a passenger, and the sole occupant of the Chevrolet, Clayton Ezequelle, to the hospital.
At the time police filed a probable cause affidavit, Ezequelle had been intubated and transferred to the intensive care unit, and Martin’s passenger was being taken into surgery. Police spoke with Martin, who suffered a collapsed lung and abdominal hernia, but was stable at the hospital. He confirmed he had been driving the Toyota.
According to the affidavit filed by Trooper Brandon Rivard, Martin recalled driving 40 to 45 miles per hour before the crash, and swerving left through the River Road and Beauty Hill Road intersection to avoid another vehicle.
Martin also denied consumption of alcohol that day, though Rivard noted he could detect an odor of alcohol and that Martin had bloodshot, watery eyes.
Hospital staff confirmed that based on a blood draw, Martin’s blood-alcohol content was 0.22, according to the affidavit. For reference, the legal limit for someone under 21 is 0.02, and for those over 21, it’s 0.08.
“At 0.15 BAC, individuals are experiencing substantial impairment,” Rivard wrote in the affidavit.
Information from a phone traffic app showed that Martin traveled at about 100 to 105 miles per hour at some point during the drive, the affidavit said.
Based on the evidence gathered, state police arrested Martin on several charges, though he did not file a plea at an arraignment the following day for aggravated DUI and reckless conduct.
On Aug. 13, Ezequelle, of White River Junction, died in the hospital from his injuries, state police confirmed. Efforts to reach family members in October were not successful.
Martin had a bail hearing on Aug. 24. While Public Defender Sara Virks argued that he should be released to a substance abuse treatment program and subsequently to his family, Judge Sarah Christie determined that the evidence against Martin was strong, and the higher court can address bail.
With Christie finding probable cause, the case was bound over to Sullivan County Superior Court in Newport.
On Oct. 21, Martin requested bail again in a second hearing.
Sullivan County Attorney Christine Hilliard argued that since Martin was living at his family home at the time of the incident, returning to that environment may not prevent him from endangering the safety of himself or others.
She also pointed out additional evidence from the investigation, including that his speed was between 94 and 102 miles per hour at impact, and the vehicle’s accelerator was “100% engaged” just seconds prior to the crash, based on data from the state police’s Collision Analysis and Reconstruction Unit.
Martin’s attorney, Theodore Lothstein, argued that Martin has no reason to skip court or commit another offense considering the large family support system he’d return to, and that his release is based on current risk and does not equate to avoiding a sentence.
Several family members attended both of Martin’s bail hearings, including his parents, but declined to speak with the Valley News.
Lothstein pointed out that Martin is dealing with an infection not related to the crash that may require surgery, and recovery could go better at home.
In the end, Judge James Kennedy ordered that Martin remain in prison without bail, but under close monitoring for his medical needs.
The Class A felony charge carries a maximum sentence of 15 years in prison, and the Class B felonies each carry a maximum sentence of seven years in prison, per state law, RSA 651:2.
Neither Hilliard nor Lothstein responded by deadline to a Monday comment request.
Now that a grand jury found probable cause to indict Martin on the four charges, he has an arraignment and bail hearing scheduled for Nov. 16 in Sullivan Superior Court.
