Home » News » Public Safety
Hooksett man wants blood tests thrown out in boating fatal
He is headed to trial in December on two counts of negligent homicide for allegedly causing the death of Brendan Yerry, 28, of Hudson.
Judge Marguerite Wageling will decide whether Cable’s statements to investigators and blood-alcohol tests, which included a breath test and blood samples, can be used by prosecutors. Cable told a judge on Friday afternoon that a Marine Patrol sergeant who took him into custody for boating while intoxicated never advised him that he had the right to refuse the blood test.
“Does that make sense to you? That someone asks for consent then tells you they are going to take it from you?” Assistant County Attorney Jerome Blanchard said.
Cable also suggested during his testimony that he underwent field-sobriety tests on ground that made him appear unstable or intoxicated.
“They were conducted on top of a rocky hill,” he testified.
Cable denied that he asked to be let go.
His sworn statements in court Friday ran counter to testimony provided moments earlier by Marine Patrol Officer Seth Alie and Sgt. Joshua Dirth.
Alie testified that he only asked Cable how he was doing once he was in custody because he appeared to be suicidal.
Blood tests taken hours later at the Concord Police Department placed Cable’s blood-alcohol at .08 around 11:45 p.m.
Dirth testified that Cable offered both a blood sample and his boat after being told that search warrants were being obtained for their investigation.
Fish & Game Lt. James Juneau testified that Cable waived his Miranda rights early in the night and provided a written statement when the case was being treated as a search for Yerry, who had disappeared in the water.
READER COMMENTS: 0
- Lincoln officer, Woodstock firefighters credited with saving homeowner's life - 0
- Rollover backs up traffic on Everett Turnpike - 0
- Fire destroys Keene house, no one injured, but pets missing - 0
- Arbitrator finds Manchester had 'just cause' to fire Coco - 15
- New Hampshire's homeless remembered in Laconia vigil - 0
- Keene fire destroys house, no injuries reported - 0
- State agrees to delete toll booth photos - 5
- Colebrook reaches out after blaze - 0
- Harvard clears all buildings after report of explosives - 0
READER COMMENTS: 0
- $13m contract recommended for next phase of Nashua parkway - 0
- Couple charged in connection with Exeter burglaries - 0
- Proposed article sets rules for use of temporary signs - 0
- Newsreel: State unemployment stable; Gates Foundation CEO named; generic Viagra out soon - 0
- Leclerc takes second place in men's hockey - 0
- Trinity-Central game pushed to tonight - 0
- Derryfield's Hyde, Faulkner star in ski relays - 0
- Ian Clark's On Hockey: Goalies everywhere - 0
- 'The Granite Wall' stays solid as UNH marches into postseason - 0
Shaheen, Ayotte split on House budget plan
State agrees to delete toll booth photos
- Would you support spending local tax dollars to buy your police department a $250K armored vehicle?
- Total Votes: 1072