William Hawksley is glad a Windham man has finally admitted to causing the crash that severely injured Hawksley’s leg.
He just wishes it didn’t take two overturned guilty verdicts and a plea bargain to do it.
“It’s a real slap in the face,” the Brentwood man said yesterday. “I’m very, very disappointed in the outcome of this.”
Cody Eller, 21, pleaded guilty last week in Hillsborough County Superior Court in Nashua to a misdemeanor charge of vehicular assault in connection with a crash May 13, 2011, on Windham Road in Pelham.
Eller received a six-month suspended jail sentence and 50 hours of community service from Judge Jacalyn Colburn on Nov. 26.
Credibility concerns involving a former Pelham police officer who investigated the crash prompted the judge to set aside the guilty verdicts against Eller last spring.
He was convicted by a jury in November 2012 on second-degree assault and reckless conduct charges in connection with the crash. Pelham police have said it was one of the worst cases of road rage their department has seen.
Eller faced up to seven years in state prison and a $4,000 fine on each charge. He has been acquitted of first-degree assault.
Eller was charged with trying to force Hawksley’s motorcycle off the road before his Ford Fusion collided with it. Hawksley, whose right leg was fractured in several places, said it was seven months before he could return to his job as a mechanical engineer.
Hawksley said Eller’s sentence does not reflect the seriousness of the crime committed.
“Next time this happens, who is to say he doesn’t kill someone?” Hawksley said.
He said he got a chance to meet with Eller the day before his sentencing and asked him to take responsibility for his actions. Eller apologized to Hawksley for his injuries.
The guilty verdicts were overturned after prosecutors notified defense attorney Jeffrey Kaye — shortly after the conviction — that former Pelham police officer Eugene Stahl’s name was on a list of New Hampshire law enforcement officers whose credibility could become an issue if asked to testify in court.
The “Laurie List” of officers is sealed. Reasons for placing an officer on the list include misconduct and lying on the stand. It has not been publicly disclosed why Stahl, dismissed from the Pelham Police Department earlier this fall, was on that list.
The list originated in the 1990s after a murder case was overturned when the state Supreme Court ruled that prosecutors neglected to reveal evidence about a police officer who testified.
Kaye said yesterday the case has been tough on his client, who is still seeking the return of his driver’s license.
Pelham police Lt. Gary Fisher said his department could not comment on the case, referring all questions to the county attorney’s office.
Neither Hillsborough County Attorney Patricia LaFrance nor Assistant County Attorney Kent Smith could be reached yesterday for comment.