Katherine C. O’Toole, 48, of Foster, who was killed in the April 7 crash, was an avid motorcyclist.

Photo courtsey of the O’Toole family

The husband of a Foster woman killed in a crash last week reacted with shock Wednesday to the terms of bail set for the driver who has been charged in her death. David W. Hazard, charged with driving under the influence, death resulting, is free on bail and is allowed to drive to work and to his lawyer’s office.

But a spokesman for the court, Craig N. Berke, said District Court Judge Jeanne LaFazia had actually exceeded guidelines in setting bail at $25,000 with surety.

Meanwhile, Scituate police said they are awaiting the results of a blood test Hazard took after the crash that killed Katherine C. O’Toole, 48, of Foster on April 7.

Hazard faces a felony charge of driving under the influence, death resulting, based on probable cause that he had been drinking and taking prescription medication, Deputy Chief Stephen B. Lang said. He declined to say what the medication was or why Hazard was taking it. Lang said Wednesday the prescription had been filled the day of the crash but there were more pills missing from the bottle than should have been.

Hazard, 38, of 354 Burnt Hill Rd., Scituate, posted bail Tuesday after it was lowered from $100,000 to $25,000 with surety, according to Kent County District Court officials.

Last week, LaFazia had raised the bail to $100,000 with surety, from $25,000, after Hazard was heard talking about killing himself following a court appearance earlier that day.

Under the terms of bail, Hazard, a self-employed contractor, can drive to work and to his lawyer’s office between the hours of 8 a.m. and 5:30 p.m.

LaFazia originally forbade Hazard to drive, but after learning that Hazard relies on his car for work reset the bail at $25,000.

LaFazia also ordered Hazard to refrain from alcohol, attend alcohol counseling and be subject to random screenings for alcohol. Hazard is also to undergo drug and mental-health counseling.

“We’re obviously in shock. This judge allowed him to go and drive one week after killing Kathy,” said Brian O’Toole, the victim’s husband.

“He is out driving again. He can go to work. What about Kathy? She is not going to work,” O’Toole said.

O’Toole said neither he nor his children were aware that Hazard was scheduled in court Tuesday. He said he was aware that there would be a bail reduction.

“I found out from the media that the judge let him drive. He promised he would never drink again. What is she, a fool? The judge is taking him at his word. She needs to step down in my opinion. It’s the problem with the laws in the State of Rhode Island. This doesn’t add up,” O’Toole said.

O’Toole said he planned to take time off from his job as a welder at Electric Boat to get his house in order. Kathy O’Toole, an avid motorcycle rider like her husband, did a lot around the house, and the family is adjusting to a new routine, he said.

“I worked days and she worked nights. When we came home from work and school, the food was cooked, the clothes were washed, the house was clean. All we had to do was eat and kind of have fun. She was actually working two jobs. She took care of all the medical appointments. She did the financial aid. She did it all online. I don’t use the computer. We are in definitely in for a lot of changes in the way we do things,” he said.

According to the police, Hazard was driving his Dodge Ram pickup truck in the eastbound lane of Route 12, about a half-mile west of Route 116, when he crossed into the westbound lane and smashed head-on into the convertible Chrysler Sebring driven by O’Toole. Hazard’s truck flipped into its roof and skidded nearly 400 feet down the road, Lang said. Hazard got out of the truck and was sitting on the guardrail when another driver, Oscar Moreau, 43, of Coventry, unable to see the black truck, crashed into it, Lang said.

The crash happened about 2½ miles from Hazard’s house.

O’Toole was driving home from her 3-to-11 p.m. work shift at the Cedar Crest nursing home in Cranston, where she worked as a certified nursing assistant.

Moreau was treated at Rhode Island Hospital.

Hazard turned himself in to the police on the morning of April 9.

––Journal Staff Writers Amanda Milkovits and Maria Armental contributed to this report.

kbramson@projo.com