Raymond man charged in Candia crash that injured twoBy BENJAMIN C. KLEIN
Union Leader Correspondent
November 01. 2013 9:56PM
CANDIA — Police have arrested a Raymond man in connection with a car accident in August that left a Candia volunteer firefighter and his wife seriously injured.
Police say Nathan Noel, 27, of Raymond, turned himself in to Candia police after a warrant was issued for his arrest for two counts of vehicular assault.
On Aug. 10, Ryan Marion and his wife Celina were returning from a visit to his parents when Noel, who police say does not have car insurance, allegedly cut in front of the motorcycle they were riding to make a left turn into a DC Mobil parking lot on Route 27, causing the crash.
“We charged him with two counts of vehicular assault, which are Class A misdemeanors, and a failure to yield right of way moving violation. There has to be consequences when you just pull in front of someone and seriously hurt someone, you have to yield to oncoming traffic,” Candia Police Chief Mike McGillen said.
McGillen said according to surveillance video taken from businesses at the time of the accident, Noel’s car could clearly be seen cutting off the motorcycle with the Marions on it.
“We have evidence that (Noel) turned in front of the vehicle that had right of way. If operating a vehicle and you violate the rules of the road, and that contributes to a collision that results in serious bodily injury, that is the definition of vehicular assault,” McGillen said.
McGillen said that since the charges are Class A misdemeanors, jail time could be a possibility for Noel but that it would be up to the discretion of the prosecutor handling the case.Prosecutor Zachary Cross of the Rockingham County Attorney’s office is prosecuting the case, and said that while the charges against Noel fit the outcome of the accident, for Noel to be convicted, the prosecution must establish his actions were criminally negligent.
“For criminal negligence to be proved, it must be shown that the failure to be aware of risk through a specific course of action constitutes a gross deviation of conduct of a reasonable person,” Cross said.
After the crash, Marion was airlifted to a Boston area hospital with what police and fire officials described as life threatening injuries. Celina, who was not hurt as badly as her husband, was transported to Elliot Hospital in Manchester. According to police, both Ryan and Celina suffered head injuries and multiple broken bones. Neither of them was wearing helmets at the time of the crash.
Part of the difficulty in the case was that in order for vehicular assault to be established, the department needed to get a hold of Ryan and Celina’s medical records.“We had to work with the families and attorneys,” McGillen said.
According to a Facebook page dedicated to raising money for Ryan’s care, Ryan returned home from the hospital in October.
Noel was released on $2,500 personal recognizance bail and is scheduled for arraignment on Nov. 27 at the 10th Circuit District Division Candia Court.