NEWPORT — A Sullivan County Superior Court judge denied bail to a Claremont teen accused of drunk driving in a crash that injured three people in August, later resulting in the death of a 53-year-old White River Junction man.
Michael Martin III, 19, 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.
Upon reviewing the facts of the case, Judge James Kennedy decided to continue to hold Martin in jail, citing the extraordinary speed and blood alcohol content alleged. He called on the prison to closely monitor Martin’s medical needs.
This is the second time the defense has asked, in court, for Martin’s release.
In Newport circuit court in August, a judge denied him bail, and the case was bound over to the higher court.
At a Tuesday bail hearing, Martin’s attorney, Theodore Lothstein, argued that he should be released to his family and recover at home from a medical issue, adding that he would not endanger the safety of others or miss court.
But Sullivan County Attorney Christine Hilliard said that those living conditions were similar to what he had in August when the crash occurred.
“The state poses the question, ‘What has changed?’” Hilliard said in court Tuesday.
Martin was transported from the state prison to appear before Kennedy in Superior Court, where several family members, including his parents, were in attendance.
Family of the man who died after the crash, Clayton Ezequelle, 53, also attended the bail hearing. According to Ezequelle’s obituary, he was an avid hunter and fisherman born in Bellows Falls, who served in the U.S. Navy.
Around 8 p.m. on Aug. 11, emergency personnel responded to a serious crash on Route 12A in Plainfield, at the intersection of River Road and Beauty Hill Road.
At the scene, state troopers located a Chevrolet with one injured person, Ezequelle, and a Toyota with two injured people, Martin and a passenger. All three people involved in the crash were transported to Dartmouth Hitchcock Medical Center, according to an affidavit filed by Trooper Brandon Rivard.
Martin suffered a collapsed lung and abdominal hernia, the affidavit stated, and his passenger had been taken into surgery for his injuries. Medical personnel intubated Ezequelle and moved him to the intensive care unit, where he was stabilized but in critical condition.
Two days later, Ezequelle died in the hospital, as confirmed by state police in a news release.
Hilliard noted in court that since police filed their affidavit, circumstances of the case had changed, considering that Ezequelle had died. She indicated that an indictment may be incoming.
She also specified that there is additional evidence in the case, including lab results regarding Martin’s blood-alcohol content — which she said was 0.145% around midnight — and speed — which she said was between 94 and 102 miles per hour at impact.
Hilliard also said 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.
At the hospital on the evening of the crash, police spoke with Martin, who recalled driving the truck at a speed of about 40 to 45 miles per hour before the crash. He said that, when going through the four-way intersection, he swerved left to avoid another vehicle when the collision occurred.
Martin also denied consumption of alcohol that day, Rivard wrote in the affidavit.
Police, however, said they detected alcohol on Martin’s breath at the hospital and described his eyes as “bloodshot” and “watery” in the affidavit. Martin participated in field sobriety tests limited to his hospital bed, but refused to participate in a preliminary breath test.
Hospital staff told police Martin’s blood-alcohol content was 0.22%, nearly three times the legal limit for adults, which is 0.08%. Those under 21 may not have a blood alcohol content over 0.02%.
In the affidavit, police noted that at a blood-alcohol content of 0.15%, an individual would be “experiencing substantial impairment.”
Based on information from a phone tracking app, police confirmed that at some point during the drive, Martin’s speed reached 100-105 miles per hour. The speed limit in the area of the crash is posted as 40 miles per hour.
Lothstein asked that Kennedy lift the preventive detention order and release Martin on personal recognizance or set a maximum $3,000 bail. He said that they could set up an electronic monitoring system at his home, and that his parents would willingly serve as third-party custodians who would report any breach of bail, including substance use.
Lothstein further said that Martin’s parents have “kind of an ideal home” for a 19-year-old in confinement. Specifically, they live on a dead-end street; his parents work opposite schedules; there are no alcohol or firearms in the home; and he’d be denied vehicle access.
Martin is also dealing with a medical issue in custody, said Lothstein, which he specified is an infection that started in the leg and spread up to his abdomen, unrelated to the crash. As a result, Martin has an active drain connected to his hip, and may require surgery soon.
While Lothstein noted that receiving such medical care is possible while in custody, recovery may not go as well there as it would at home, where family could care for him.
Hilliard said that while she understands concern of infection, a specific health risk related to being in custody could be considered by the court if it arises.
Lothstein also argued that Martin is likely to serve more than the two months he’s already spent in custody regardless of the bail decision, adding that this decision isn’t about punishing him, but rather assessing the risk of flight and danger to the community.
