Boating Accident/Death off Diamond Island

[kthy66]

I came across Dr. Rock's story at the accident scene. Thank goodness he was there.

http://www.concordmonitor.com/apps/p...PAGE/806170304

[kjbathe]

Originally Posted by kthy66

I came across Dr. Rock's story at the accident scene. Thank goodness he was there.

http://www.concordmonitor.com/apps/p...PAGE/806170304

A different story when it includes the human element... So sad...

[sa meredith]

Wow. If you read the story of Dr. Rock, no matter who you are, there is just no way your thoughts can turn to who to blame, or speed limits, or anything other than how tragic and sad that scene must have been. My heart bleeds for these girls and their families...

[Seeker]

Thank God Dr. Rock was there. He possibly saved 2 lives.

[brk-lnt]

Originally Posted by kthy66

I came across Dr. Rock's story at the accident scene. Thank goodness he was there.

http://www.concordmonitor.com/apps/p...PAGE/806170304

Wow, they just can't help but weave the speed limits bill into the article. "News" publications with such an obvious agenda are really irksome. Add the Concord Monitor to the list of tabloid trash reporting.

[BroadHopper]

Stephanie Beaudoin is my second cousin. Please respect the wish of the family and cut the chase with the speed limit crap!

[Lexxi]

Please leave these families alone. I am sure there are many thoughts and prayers being said at this time for all involved.
May God be with all the families and friends at this time of sorrow.

Accidents are just that accidents !!!

[wildwoodfam]

Originally Posted by brk-lnt

Wow, they just can't help but weave the speed limits bill into the article. "News" publications with such an obvious agenda are really irksome. Add the Concord Monitor to the list of tabloid trash reporting.

I thought the article was well written - and was / is a contradiction to otherwise reguallry reported news articles which do focus more on agenda issues. This article really gives you a true sense of Dr. Rock's heroic actions at 2:30am in the morning. How many of us can say we'd have jumped into action - how many would have simply rolled over and shrugged it off to lightning or "someone elses problem." The mention of the speed limit bill was appropriately placed with context, and was not out of place in this article.

Just my opinion....

[Silver Duck]

Getting back to what matters, does anybody have any recent info on Ms. Blizzard's condition?

Some of the news reports had her listed as "critical"; it would be nice of friends of the family kept the rest of us updated on how she's doing.

Silver Duck

[Waterbaby]

Originally Posted by Silver Duck

Getting back to what matters, does anybody have any recent info on Ms. Blizzard's condition?

Some of the news reports had her listed as "critical"; it would be nice of friends of the family kept the rest of us updated on how she's doing.

Silver Duck

SD, I can't say this for a fact, I was wondering myself how she is doing, but I did see a link to the Concord Monitor article a bit earlier in the thread. Erica's dad, Paul, is quoted as saying

"From there, Blizzard was taken to Dartmouth-Hitchcock Medical Center in Lebanon, where her father, Paul Blizzard, said she was being kept unconscious by doctors yesterday. He said that his daughter was in stable condition, and that there was no indication of brain damage."

"Tell your readers to pray for her," he said.

[SAMIAM]

Just a note to the speed limit folks whom are gleefully waiting for charges against Erica for exceeding the speed limit and BWI.......Erica rarely drinks and if she does it is a social glass of wine.I'm guessing that there are some who visualize a drunken,crazed, go fast boater ripping through the broads at 2 o'clock in the morning.But, what you will find,I believe,is a girl and her friends who went out to play a fathers day trick on her dad and simply missed a marker in the fog.
Please don't act indignant.....some of your posts speak for themselves.

[Paugus Bay Lake Girl]

Blood test results OK'd in boating fatal
Laconia:

By BEA LEWIS
bwheel@metrocast.net


Thursday, April 30, 2009
Blood evidence taken from the operator of a boat involved in a fatal accident on Lake Winnipesaukee last summer can be used against her, a judge has ruled.

Erica Blizzard, 35, of 65 Gold St. in Lakeport, who is charged in the accident which claimed the life of one of the boat's two passengers, had sought to disallow blood alcohol test results from being introduced as evidence, claiming that investigators failed to show probable cause when they obtained a judge's permission to take blood samples.

But on Monday Superior Court Judge Kathleen McGuire ruled that Marine Patrol had probable cause to believe that Blizzard was intoxicated and, as a result, blood samples were lawfully taken from the suspect.

McGuire ruled evidence that Blizzard drove a boat headlong into an island at an unreasonable rate of speed given the weather conditions provided the probable cause Marine Patrol needed to believe the defendant had been drinking alcohol and that evidence of intoxication would be found in the defendant's blood.

Investigators allege that Blizzard was the driver of a 2008 Formula 370 SS and was traveling southeasterly "on plane" when the vessel struck Diamond Island in Gilford on June 15, 2008 at around 2:30 a.m.

In addition to claiming the life of Stephanie Beaudoin, 34, of Meredith, another passenger, Nicole Shinopolous of Burlington, Mass., suffered a fractured jaw. Blizzard also suffered serious facial injuries that required surgery.

The impact of the crash demolished the bow of the boat and apparently broke Beaudoin's neck, killing her instantly, according to Dr. Thomas Rock, an orthopedic surgeon who lives on the island and who rushed to help after hearing the crash. Rock rowed to the sinking boat with his wife and saw Blizzard slumped over the controls of the boat, court records indicate.

Blizzard is charged with alternate counts of negligent homicide, charging that she was either under the influence of drugs or alcohol at the time of the crash that resulted in the death of one of her passengers or that she failed to keep a proper lookout. She is also charged with one count of aggravated driving while intoxicated.

Court records also show that it was rainy and foggy when the boat hit the rocky shoreline of the island and that Shinopolous told Marine Patrol they were traveling at about 25 or 30 mph when the accident occurred.

Photographs of the controls of the boat taken by Marine Patrol the night of the crash show the steering wheel in a straight-ahead position.

The shift lever for one of the engines was in full position while the shifter for the second engine was in reserve at almost full throttle.

All of the gauges were normal and at least one of the engines had broken its mount. Fiberglass was embedded in a granite ledge about five feet off shore, showing the point of impact by the boat, according to court records.

Attorney James Moir of Concord, who is representing Blizzard, had argued for the results of his client's blood test to be thrown out.

Belknap County Attorney Jim Carroll maintained that the state was relying upon exigency as a legally valid exception to the warrant requirements of the Fourth Amendment of the U.S. Constitution and Part I, Article 19 of the New Hampshire Constitution.

He argued Marine Patrol had to act fast since Blizzard was being transferred to Dartmouth-Hitchcock Medical Center in Lebanon, which placed her beyond the immediate control of local law enforcement.

The state seized six samples of Blizzard's blood, some taken by Lakes Region General Hospital as part of efforts to save her life, court records indicate. The first sample was taken two hours after the crash.

Moir had argued that Marine Patrol lacked probable cause to obtain the warrants it used to seize samples of Blizzard's blood taken at LRGH and DHMC, where she was later transferred for treatment of her injuries.

The affidavit filed by Marine Patrol Lt. Tim Dunleavy, Moir argued, failed to show probable cause that the test results from the blood samples would prove intoxication. Judge McGuire disagreed.

"The state has also met its burden of showing exigent circumstances, given that this accident occurred in the middle of the night when obtaining a warrant is more difficult," the court wrote.

The judge also cited the "evanescent nature of blood alcohol evidence making its preservation impossible without removing samples from the body."

An affidavit filed with the court cites Shinopolous telling a Marine Patrol officer that the trio drank alcohol at the Wolfe-Trapp in Wolfeboro earlier in the day and Marine Patrol's discovery of "several" empty beer cans at the crash site.

Moir said the affidavit was defective because it failed to state how much the woman drank, exactly when, where the beer cans were found or how they relate to the crash or the driver.

In discovery materials Moir said Shinopolous told Marine Patrol Sgt. Joshua Dirth they had "two drinks, if that" and reported that the defendant and Beaudoin had "Grey Goose and cranberry" but did not finish their drinks.

Moir challenged whether Judge Edward Gordon would have signed the warrants had that information been included in the affidavit, as well as Shinopolous' opinion that Blizzard wasn't drunk.

She was interviewed by Marine Patrol two days after the crash and asked whether she thought Blizzard was impaired. She replied, "No," prompting Sgt. Dirth to inquire, "None at all?"

"No, I carried on conversations with her; she seemed to really be about herself; there was nothing that would make me think she was impaired at all," Shinopolous said.

Blizzard remains free on $75,000 personal recognizance bail. A pretrial hearing has been set for next Wednesday with jury selection now scheduled for May 26.

[codeman671]

Originally Posted by Paugus Bay Lake Girl

Blood test results OK'd in boating fatal
Laconia:

By BEA LEWIS
bwheel@metrocast.net


Thursday, April 30, 2009
Blood evidence taken from the operator of a boat involved in a fatal accident on Lake Winnipesaukee last summer can be used against her, a judge has ruled.

Erica Blizzard, 35, of 65 Gold St. in Lakeport, who is charged in the accident which claimed the life of one of the boat's two passengers, had sought to disallow blood alcohol test results from being introduced as evidence, claiming that investigators failed to show probable cause when they obtained a judge's permission to take blood samples.

But on Monday Superior Court Judge Kathleen McGuire ruled that Marine Patrol had probable cause to believe that Blizzard was intoxicated and, as a result, blood samples were lawfully taken from the suspect.

McGuire ruled evidence that Blizzard drove a boat headlong into an island at an unreasonable rate of speed given the weather conditions provided the probable cause Marine Patrol needed to believe the defendant had been drinking alcohol and that evidence of intoxication would be found in the defendant's blood.

Investigators allege that Blizzard was the driver of a 2008 Formula 370 SS and was traveling southeasterly "on plane" when the vessel struck Diamond Island in Gilford on June 15, 2008 at around 2:30 a.m.

In addition to claiming the life of Stephanie Beaudoin, 34, of Meredith, another passenger, Nicole Shinopolous of Burlington, Mass., suffered a fractured jaw. Blizzard also suffered serious facial injuries that required surgery.

The impact of the crash demolished the bow of the boat and apparently broke Beaudoin's neck, killing her instantly, according to Dr. Thomas Rock, an orthopedic surgeon who lives on the island and who rushed to help after hearing the crash. Rock rowed to the sinking boat with his wife and saw Blizzard slumped over the controls of the boat, court records indicate.

Blizzard is charged with alternate counts of negligent homicide, charging that she was either under the influence of drugs or alcohol at the time of the crash that resulted in the death of one of her passengers or that she failed to keep a proper lookout. She is also charged with one count of aggravated driving while intoxicated.

Court records also show that it was rainy and foggy when the boat hit the rocky shoreline of the island and that Shinopolous told Marine Patrol they were traveling at about 25 or 30 mph when the accident occurred.

Photographs of the controls of the boat taken by Marine Patrol the night of the crash show the steering wheel in a straight-ahead position.

The shift lever for one of the engines was in full position while the shifter for the second engine was in reserve at almost full throttle.

All of the gauges were normal and at least one of the engines had broken its mount. Fiberglass was embedded in a granite ledge about five feet off shore, showing the point of impact by the boat, according to court records.

Attorney James Moir of Concord, who is representing Blizzard, had argued for the results of his client's blood test to be thrown out.

Belknap County Attorney Jim Carroll maintained that the state was relying upon exigency as a legally valid exception to the warrant requirements of the Fourth Amendment of the U.S. Constitution and Part I, Article 19 of the New Hampshire Constitution.

He argued Marine Patrol had to act fast since Blizzard was being transferred to Dartmouth-Hitchcock Medical Center in Lebanon, which placed her beyond the immediate control of local law enforcement.

The state seized six samples of Blizzard's blood, some taken by Lakes Region General Hospital as part of efforts to save her life, court records indicate. The first sample was taken two hours after the crash.

Moir had argued that Marine Patrol lacked probable cause to obtain the warrants it used to seize samples of Blizzard's blood taken at LRGH and DHMC, where she was later transferred for treatment of her injuries.

The affidavit filed by Marine Patrol Lt. Tim Dunleavy, Moir argued, failed to show probable cause that the test results from the blood samples would prove intoxication. Judge McGuire disagreed.

"The state has also met its burden of showing exigent circumstances, given that this accident occurred in the middle of the night when obtaining a warrant is more difficult," the court wrote.

The judge also cited the "evanescent nature of blood alcohol evidence making its preservation impossible without removing samples from the body."

An affidavit filed with the court cites Shinopolous telling a Marine Patrol officer that the trio drank alcohol at the Wolfe-Trapp in Wolfeboro earlier in the day and Marine Patrol's discovery of "several" empty beer cans at the crash site.

Moir said the affidavit was defective because it failed to state how much the woman drank, exactly when, where the beer cans were found or how they relate to the crash or the driver.

In discovery materials Moir said Shinopolous told Marine Patrol Sgt. Joshua Dirth they had "two drinks, if that" and reported that the defendant and Beaudoin had "Grey Goose and cranberry" but did not finish their drinks.

Moir challenged whether Judge Edward Gordon would have signed the warrants had that information been included in the affidavit, as well as Shinopolous' opinion that Blizzard wasn't drunk.

She was interviewed by Marine Patrol two days after the crash and asked whether she thought Blizzard was impaired. She replied, "No," prompting Sgt. Dirth to inquire, "None at all?"

"No, I carried on conversations with her; she seemed to really be about herself; there was nothing that would make me think she was impaired at all," Shinopolous said.

Blizzard remains free on $75,000 personal recognizance bail. A pretrial hearing has been set for next Wednesday with jury selection now scheduled for May 26.

That article was dated back over 2 months ago...

[Paugus Bay Lake Girl]

NH boating fatal trial delayed 5 months


LACONIA, N.H. (AP) - The trial of a woman charged in a 2008 boating crash on Lake Winnipesaukee that killed 1 of her passengers has been postponed until Oct. 13 so she can have more surgery to repair injuries she suffered in the crash.

The attorney for Erica Blizzard, James Moir of Concord, and Belknap County Attorney Jim Carroll agreed to the continuation and it was approved during an in-chambers meeting with Judge Bruce Mohl, The Citizen reported.

The trial had been scheduled for May 26.

According to court filings, Blizzard is scheduled to have surgery at Dartmouth-Hitchcock Medical Center in Lebanon on July 9. She reportedly suffered facial injuries, a lower back fracture and bleeding in her brain when the boat she was piloting hit Diamond Island in rainy, foggy weather.


Information from: Citizen, http://www.citizen.com

[sa meredith]

Originally Posted by Paugus Bay Lake Girl

NH boating fatal trial delayed 5 months


LACONIA, N.H. (AP) - The trial of a woman charged in a 2008 boating crash on Lake Winnipesaukee that killed 1 of her passengers has been postponed until Oct. 13 so she can have more surgery to repair injuries she suffered in the crash.

The attorney for Erica Blizzard, James Moir of Concord, and Belknap County Attorney Jim Carroll agreed to the continuation and it was approved during an in-chambers meeting with Judge Bruce Mohl, The Citizen reported.

The trial had been scheduled for May 26.

According to court filings, Blizzard is scheduled to have surgery at Dartmouth-Hitchcock Medical Center in Lebanon on July 9. She reportedly suffered facial injuries, a lower back fracture and bleeding in her brain when the boat she was piloting hit Diamond Island in rainy, foggy weather.


Information from: Citizen, http://www.citizen.com

This article was posted here on May 7, 2009...post #531. And discussed pretty harshly for a week or so.
Where ya been??????

[VtSteve]

Her surgery is scheduled for tomorrow..... I wish her well, hope all goes well.

[BrownEyedGirl]

Originally Posted by sa meredith

This article was posted here on May 7, 2009...post #531. And discussed pretty harshly for a week or so.
Where ya been??????

Not everyone checks the forum 20 times a day......

[hazelnut]

Originally Posted by BrownEyedGirl

Not everyone checks the forum 20 times a day......

Ok but 20 times a month would have covered this.....

[sa meredith]

Originally Posted by BrownEyedGirl

Not everyone checks the forum 20 times a day......

Was not trying to start trouble. Just saying...that info is certainly pertinent to this very lengthy thread, and I would think it would be obvious the article was posted. That's all.

But since you brought it up...
May 7th......July 8th So 6 or 7 times a year would have it covered.
Once every 7 weeks or so...

Hazelnut...check your PMs. After 3 today, no computer for me for 10 days.

[BrownEyedGirl]

Not looking for trouble either, just an observation

[ironhorsetim]

This weeks papers about a Laconia man getting 2.5-8 years for the death of his girlfriend (on a bike). Anyone think this will be a sign of things to come in this case? How about it Skip what's your opinion?

[Pineedles]

I haven't heard any news on this for a while. But my main intention here is that I don't like to see the posts stop at 666.

[ironhorsetim]

It was kind of eeeerie

[VtSteve]

The trial was postponed until October if memory serves me.

[ApS]

A similar R.I. case (alcohol, boating, acquaintance dies), was resolved this summer with only a 2½ years minimum-confinement sentence:

http://www.projo.com/news/content/GR...8.3ead4c8.html

(Though it seems like there should be a 2nd-offense penalty law written for such sentences).

[RI Swamp Yankee]

Originally Posted by Acres per Second

A similar R.I. case (alcohol, boating, acquaintance dies), was resolved this summer with only a 2½ years minimum-confinement sentence:

http://www.projo.com/news/content/GR...8.3ead4c8.html

(Though it seems like there should be a 2nd-offense penalty law written for such sentences).

Sad case, kid should have gotten more. There is a real teenage drinking problem in that town and the parents think the police are unfair to arrest kids for drinking ... and driving. The judge in that case was an idiot for blaming the Police Chief for not going after teenage drinking (which was not true) but the real problem is the parents that condone teen drinking. A case of the privileged (read rich) few literaly getting away with murder.

Not directly Winni related so it may be

[SIKSUKR]

Your starting to sound like M&M now.

[fatlazyless]

A negligent homicide decision for a triple death, head-on collision between a car and two motorcycles in Thornton NH in June 2006 was reversed on appeal in the NH Supreme Court in June 2009. The driver of the car had had no alcohol and crossing the yellow center line for some unknown reason was voted by the judges 3-1 as not meeting the definition of negligence.


As I see things, it seems like the severity of the collision with three deaths and a 4th severly injured, should be considered in determining negligence, alcohol or no alcohol.

What were the three judges thinking? Why is this triple death now considered to be a tragic accident and not a crime what with the 20-something year old male driver having been released from a 12 year sentence for his time served ?

[Mee-n-Mac]

Originally Posted by fatlazyless

As I see things, it seems like the severity of the collision with three deaths and a 4th severly injured, should be considered in determining negligence, alcohol or no alcohol.

What were the three judges thinking? Why is this triple death now considered to be a tragic accident and not a crime what with the 20-something year old male driver having been released from a 12 year sentence for his time served ?

The difference between a tragic accident and a crime is easy to illustrate. A bee flies into your car and gets stuck between your eyeball and your glasses. You swerve across the road as a result and head-on another car killing 9 infants. Most would call this a tragic accident.

Constrast this with dropping a pickle out of your $1 meal and then drifting across the road as you fish around the car to retrieve said pickle. You hit no car but the local PD witnesses it all. This is negligent driving (IMO).

The severity of the outcome may play a part in the punishment/sentencing phase but should have no part in determining whether a crime was committed.

[ironhorsetim]

:

Originally Posted by SIKSUKR

Your starting to sound like M&M now.

Did you mean...
Eminem the candy or...
M&M the wrapper...lol.get it wrapper (rapper)
Sorry, couldn't resist

[Mee-n-Mac]

Originally Posted by SIKSUKR

Your starting to sound like M&M now.

Originally Posted by ironhorsetim

:

Did you mean...
Eminem the candy or...
M&M the wrapper...lol.get it wrapper (rapper)
Sorry, couldn't resist

Wha dis ?!? Some phool be gankin my game ? For shizlle ? That's just wack. Wizzle best be findin his own rhyme. Peace out.

[fatlazyless]

What determines if an accident was avoidable or negligent depends on who is doing the determining and examining the driver's sobriety. If the driver was drunk then determining negligence is a 'no-brainer.'

I've heard of a trucking company of 18-wheel, tractor-trailers which considers hitting a moose to be an avoidable accident on their driver's record. Why is that? Because a moose is so much larger than a deer and should be easy to see and to avoid.

The company is based in Alabama !

"Well, hush my puppies....if you all cannot see a great big moose up ahead and steer around that, then it's your own damn fault......yessir!"

Now, that's one company's opinion, Southern style. ...

[Airwaves]

Orignially posted by FLL

I've heard of a trucking company of 18-wheel, tractor-trailers which considers hitting a moose to be an avoidable accident on their driver's record. Why is that? Because a moose is so much larger than a deer and should be easy to see and to avoid.

More likely it's because a Moose hit can cause considerable damage $$$ to the tractor! They are just as hard to see in the dead of night.

[trfour]

CDL, and Boating operation, are two different animals.

Quote; "Well, hush my puppies....if you all cannot see a great big moose up ahead and steer around that, then it's your own damn fault......yessir!"



However, you are a dear, and you know how we love you!

PS, please sign up for the special Winnepesaukee.com FLL commensurate trophy.

[kara1]

My heart goes out to the families affected by this tragedy.