Prosecutor: Man charged with aggravated DWI in fatal crash is still drinkingBy BEA LEWIS
Union Leader Correspondent
May 17. 2017 9:43PM
OSSIPEE — A Carroll County man who was under court order not to drink alcohol while awaiting trial in connection with a fatal crash blamed on impairment was arrested on suspicion of drunk driving, according to court records.
A New Hampshire state trooper who took David Clancy, 63, of Freedom, into custody after he allegedly failed field sobriety tests later released him without charging him after a breathalyzer recorded his breath alcohol concentration was .07 and .06 — below the state’s legal limit.
As a result of his March 17 encounter with police, the state filed a court motion asking a judge to stop Clancy from driving, arguing that a condition of his release on $10,000 personal recognizance bail was that he was not to drive a motor vehicle. Additional conditions of bail precluded him from drinking any alcohol or taking any drugs that were not prescribed to him.
Prosecutor Kimberly Tessari initially asked a judge to ban Clancy from driving, explaining that the DMV never revoked his license despite him being charged with aggravated DWI, manslaughter, negligent homicide, reckless conduct and conduct after an accident.
Indicted last fall, the state charges that Clancy was drunk behind the wheel of his 2011 Chevy Silverado pickup truck and speeding when he crossed the solid yellow double line on Route 153 in Freedom on a curve and plowed head-on into a 2004 Chevy Malibu, killing the driver, James Monroe, 46, of Cornish, Maine.
Following the July 20, 2016, crash, which occurred shortly before 11 p.m., Clancy was arrested for fleeing the scene after police found him walking alongside the road, clearly injured.
In arguing for the defendant’s bail conditions to be amended the prosecutor claimed Clancy poses a danger to the community as evidenced by his encounter with state police that was prompted after a motorist flagged down Trooper Andrew Wilensky, who stopped Clancy after he observed his vehicle cross the center line.
In asking the court to order the defendant not to drive, the prosecutor recounted that when stopped, Clancy, who has a 20-year-old DWI conviction, told the trooper that he had not been drinking.
On May 16, Judge Amy Ignatius approved an agreement negotiated between the prosecutor and defense attorney Ryan Russman of Exeter. The agreement requires Clancy to install an ignition interlock device on all vehicles registered to him or used by him.
Under the terms of the agreement, Clancy can only drive a vehicle equipped with an ignition interlock, and is not to consume any alcohol.
Court records show the prosecutor made a plea offer to Clancy in February, but the defense was unable to respond as the accident reconstruction had not been finished nor had testing on the toxicology evidence been completed.