Dear Prosecutor Mannion:
MY interpretation is that Millions of motorcycle riders worldwide wholeheartedly concur with your statement that Mr. Eller exhibited a severe case of road rage and I 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 I am very concerned that he was not charged with First Degree Assault. I believe that Attempted Manslaughter would have been a good place to start if NH carried such statute, but as it does not I 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;
You 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