Senator Kelly Ayotte

Senator Kelly Ayotte

Monday, May 16, 2011

KingCast implores Hillsborough County Attorney Dennis Hogan to do the right thing in Cody Eller road rage motorcycle case: Prosecute him for First Degree Assault.

A bit of perspective for the Prosecutor he should be well aware of, given that Club 603 is exactly 1 mile from his office;  this link and video is from the Hernandez conviction for vehicular homicide under similar mens rea:
Originally Posted by___________
So, if this little waste-of-space had intentionally swerved to hit a pedestrian instead of a motorcyclist how much of an uproar do you think it would have caused? Depending on the rider's gear he's not much more protected than if he had been walking on the side of the road.
Exactly. I may cut and paste a bunch of comments from reader boards without identifying anyone specifically and file them with the court. This is a good one, particularly since in Nashua a woman was convicted of murder for intentionally striking a pedestrian with a car! 20-40 years, mate: 

Hernandez’s actions, Senior Assistant Attorney General Susan Morrell said Tuesday, showed a clear disregard for human life and deserved a stiff sentence.

“When she accelerated and drove her car at Matthew and his friends, she committed murder,” Morrell said. “The sentence in this case should not be discounted because the defendant used a vehicle rather than a gun or a knife.”
Some Good News: For you riders, the folks at Laminar Lip have started a video testimonial page after I sent them my review of the Triumph Sprint 955i lip. I think it's the best thing since sliced bread in my application.


Note: His Probable Cause hearing is 23 May at Salem District Court. Call for details, if fellow bikers want to comment on the record for my YouTube movie they are more than welcome.

Dear Attorney Hogan:
I work hard for motorcycle rights, as noted in Boston last year, working with others to gain parking spaces that serve the Greater Good.

We have agreed on most legal matters with rare exception -- notably your apparent support for Joe Arpaio and the pending First Amendment case of KingCast v. Kelly Ayotte et al, 2010-CV-501 in which you are a named Defendant, in which you didn't care that your Republican Communications Chair Di Lothrop struck my camera with her GOP Flyer.

But this is another matter and the facts and statute are clear in this UL Story and as I communicated with Prosecutor Mannion this morning.  It is thoroughly unbelievable. 24 years ago a guy accidentally cut me off on my Yamaha RD350, I went over the car and luckily landed with only a sprained wrist. The guy was a rider himself, practically in tears and immediately paid for a new bike and we became friends, went out for a beer. Cody Eller is Not That Guy. He is a menace to society and must be treated as such. I hope it turns out that your son Austin is not guilty of similar conduct, time will tell. 

Folks at Triumph boards in Europe and ADVrider here and many others will be watching and waiting somewhat patiently for Justice, some are calling on Governor Lynch.
Christopher King to dmannion
show details 9:56 AM (0 minutes ago)
Dear Attorney Mannion:

Millions of motorcycle riders worldwide wholeheartedly concur with your statement that Mr. Eller exhibited a severe case of road rage and we 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 we are very concerned that he was not charged with First Degree Assault. Most of us believe that Attempted Manslaughter would have been a good place to start if NH carried such statute, but as it does not we 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.

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;
We 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,


Christopher King, J.D. -- Reel News for Real People


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