Driver's bail angers family of cycle-crash victim

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Driver's bail angers family of cycle-crash victim
By ROBERT MILLS, Sun Staff  

 
 
DRACUT -- Raymond Castonguay is in a Boston hospital with an amputated leg, collapsed lung, a pelvis broken in three places, and bruises or tears in seven internal organs that have forced doctors to keep him immobilized and on a respirator.

The man accused of driving head-on into Castonguay's motorcycle while drunk Sunday afternoon is free on $40 bail.

Castonguay, a 34-year-old Nashua man who, until Sunday, was the sole source of income for his wife, four children and 70-year-old father, doesn't have health insurance.

His wife, Joyan Castonguay, said her family's future is uncertain even though her husband is expected to survive. He faces years of physical rehabilitation.

Joyan Castonguay is also angry that Todd Lawrie, 39, of Dracut,  
the man accused of hitting her husband, was freed even though he caused major injuries to her husband.

“I think it's just unbelievable,” she said. “I'm beyond outraged. You can get arrested for assault and battery and get $500 bail, and if you're just drunk they'll (put you in protective custody) and keep you overnight.”

Dracut police Lt. Tony Archinski, who was shift commander the night of the accident, said he and the investigating officer did not request higher bail against Lawrie because they did not consider him a risk to flee prosecution.

An independent bail commissioner sets bail for prisoners, but Archinski said he did not ask the commissioner to set a higher bond.

Dracut police charged Lawrie with operating under the influence of alcohol with serious injury and negligent operation, leaving the scene of a property-damage accident, leaving the scene of a personal-injury accident, marked-lanes violation, and speeding.

Archinski said Lawrie had no record of skipping court appearances and owned a home in Dracut, both indicators that he was not a “flight risk,” or someone who would not appear in court to face charges.

He said he didn't deem Lawrie a danger to the community because he had five hours to sober up behind bars while awaiting bail, and because police refused to release him unless a sober driver was there to take him home.

Police also ordered him not to return to the scene of the crash.

State law does not allow bail to be used to punish an individual. Only the likelihood of a defendant showing up in court, and whether they are a danger to the community, may be considered in setting bail.

“There was nothing on his record to indicate he wouldn't show up in court the next day,” Archinski said. “It was a serious accident, but there was nothing in his record that indicated he would do it again.”

Prosecutors with District Attorney Martha Coakley's office asked Judge Neil Walker to hold Lawrie without bail during his arraignment Monday in Lowell District Court.

If Lawrie was to have been held without bail, prosecutors would have had to present evidence that he was a danger to the community, but Walker denied their request for a hearing at which such evidence would have been presented.

Walker then freed Lawrie on personal recognizance, and put no conditions on his release.

A woman who answered the telephone at his Dracut home referred questions to Lawrie's attorney last night. His attorney, Scott Gleason of Haverhill, also declined to comment.

Lawrie is accused of leaving the scene of a minor accident at 500 Nashua Road, then fleeing up the street, turning onto Varnum Road and striking Castonguay's motorcycle head-on. Witnesses told The Sun he then attempted to flee that accident as well, continuing to drive away even with Castonguay's motorcycle wedged under the front of his pickup.

Joyan Castonguay was riding a motorcycle alongside her husband on Sunday and saw the entire incident, but said she cannot comment on what she saw because she is a potential witness in the criminal case against Lawrie.

Several benefits for the Castonguay family are in the works, starting with a June 26 benefit at Deb's Lakeside Lounge, on Nashua Road in Dracut. Details of the events are still pending.

 
   

 


Here's the original article about the wreck, including a picture of the bike under the mangled truck.   What was this idiot thinking?   Maybe he was going to run home, 'buff out the damage', and pretend it never happened?
http://www.lowellsun.com/local/ci_2782336