Courts
Scituate man arraigned in deadly crash / Photo
03:27 PM EDT on Thursday, April 9, 2009
WARWICK, R.I. -- The Scituate man charged with driving under the influence, death resulting, after a Tuesday crash that killed a Foster woman was arraigned Thursday morning in Kent County District Court and ordered to undergo alcohol and substance-abuse counseling.
David W. Hazard, 37, of 354 Burnt Hill Rd., entered no plea to the charge, as is customary at the District Court level for such a felony charge. The proceedings are automatically transferred to Providence Superior Court.
District Court Judge Jeanne LaFazia initially set bail at $25,000 with surety, but she increased Hazard's bail to $100,000 with surety Thursday afternoon and put him on a suicide watch after he was heard talking about committing suicide. She said she wanted to protect the public as well as Hazard. His bail will be reviewed next Tuesday.
Judge LaFazia had earlier scheduled a Superior Court arraignment on June 18. She also set a screening date for June 11 in Providence.
With his left ankle in a cast, Hazard walked into court on metal crutches. He had been taken to Kent Hospital in Warwick after the fatal crash for pain in that ankle.
Only members of the media and two women in court for unrelated reasons sat in the public section of the courtroom during the proceedings, which lasted just a couple of minutes.
The crash late Tuesday night on Route 12 in Scituate killed Katherine O'Toole, 48, a mother of six who 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.
Hazard had been drinking and taking prescription medication before he was involved in the three-car accident about a half mile west of the intersection with Route 116, according to Deputy Police Chief Stephen B. Lang of the Scituate police.
Lang said Hazard also was charged with lesser traffic violations. He said Hazard had eight previous arrests and had had his license suspended six times. He also was convicted in 2008 of refusing to take a chemical breath test for alcohol, Lang said.
After the court proceedings, Hazard's lawyer, Priscilla DiMaio, said, "Obviously [this is] a tragic situation all around, but I hope the family of this poor young woman finds comfort in God's arms." She declined to speak in any detail about her client.
The police say Hazard was driving his Dodge Ram pickup truck in the eastbound lane when he crossed the center line and collided head-on with the Chrysler Sebring driven by O'Toole in the westbound lane, the police said. Hazard's truck flipped onto its roof and slid nearly 400 feet down the dark road, Lang said. Unable to see the black truck on the unlit road, another driver, Oscar Moreau, 43, of Coventry, struck Hazard's truck, Lang said.
When O'Toole didn't return home at her usual time, her husband, Brian, became worried and went out looking for her. He thought her convertible may have struck a deer along the rural road. He returned home, though, after driving only a mile because he thought someone might call him while he was out. After he returned home, the police arrived at his door to tell him his wife had been killed.
As Hazard was being treated at Kent Hospital for a broken ankle, he refused requests from the police to submit to a chemical test for alcohol, Lang said. The police charged him with driving under the influence based on probable cause, Lang said
The crash happened about 2 ½ miles from Hazard's residence, Lang said. Hazard was driving in the opposite direction from his house, and Lang said it wasn't clear where he was going, or whether he'd immediately left his house. The police seized the 911 tapes and found no calls reporting an erratic driver -- just the one call about the fatal crash, Lang said.
As a result of Tuesday's crash, the police also cited Hazard for driving left of center, driving without insurance and driving with an expired registration.
As of 12:38 p.m., he had not posted bail, according to the Kent County Court.
-- With reports from Maria Armental, Journal staff writer
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