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Bail reduced for driver in fatal crash

01:08 PM EDT on Wednesday, April 15, 2009

By Thomas J. Morgan

Journal Staff Writer

WARWICK — Weeping and still walking with crutches because of injuries suffered in a car crash on Route 12 last Tuesday that took the life of Katherine C. O’Toole, 48, of Foster, David W. Hazard, 38, stood before District Court Judge Jeanne LaFazia Tuesday afternoon in a wet-eyed plea for reduced bail.

LaFazia on Thursday at first set bail at $25,000, but later increased the amount to $100,000 after hearing that Hazard had threatened to take his own life. LaFazia also ordered Hazard to undergo mental-health, alcohol- and substance-abuse counseling. The judge said she wanted to protect the public as well as the defendant. Hazard was placed on a suicide watch.

After a whispered session at the bench involving Hazard’s lawyer and a counselor, LaFazia declared that she had had “some concerns,” but added that Hazard’s condition had stabilized. She said she would reduce the amount of bail to $25,000, but with certain conditions.

“I understand you are saying that you will never drink again,” LaFazia began to say. But Hazard interrupted her with a blurted “Yes,” and sobbed, dabbing his eyes with a tissue.

LaFazia ordered Hazard to refrain from alcohol if he was able to post bail and gain release, and said that another condition of his release could be random screenings for alcohol consumption. She also forbade him to drive, but after learning that Hazard is a self-employed contractor reliant upon his vehicle, she narrowed the prohibition and allowed him to drive only to work or his lawyer’s office, and only from 8 a.m. to 5:30 p.m.

LaFazia said Hazard must continue the counseling.

Hazard, of 354 Burnt Hill Rd., Scituate, was charged with driving under the influence of alcohol, death resulting, a felony, and with lesser traffic violations.

As customary at the District Court level, Hazard entered no plea to the drunken-driving charge. He is to be arraigned on June 18 in Superior Court.

According to police Chief David M. Randall, Hazard was convicted in 2008 for refusing to take a chemical test for alcohol and has eight previous arrests dating to 1993, including six for driving on a suspended license.

(Correction: An earlier version of this story reported the wrong age for David W. Hazard.)

tmorgan@projo.com

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