Defendant accused of drunk driving in death of trooper may not have been legally intoxicated
A 45-year-old man who is facing charges of Massachusetts OUI and vehicular homicide for the death of a state trooper may not have been legally drunk at the time of the accident, the Patriot Ledger reported.
The accident happened Friday morning on I-95 North in Mansfield.
Anthony Perry, of Hyde Park pleaded not guilty Friday in Attleboro District Court. Authorities allege he struck an Acura that had been stopped by Sgt. Douglas Weddleton. The accident forced the Acura into the trooper, dragging him across all three lanes of travel.
The prosecutor's office reports that breathalyzer examinations tested .07 at the scene and .06 at the station -- both below the legal limit of .08 for drug driving in Massachusetts. Police report that Perry admitted to consuming three beers and a mixed drink earlier in the evening while at a Rhode Island bar and grill.
Perry's attorney said the felony charges should be dropped, in place of misdemeanor negligent operation and motor vehicle homicide. Under Massachusetts law (Ch, 90 Sec. 24G), motor vehicle homicide carries a penalty of up to 2 1/2 years in jail. Vehicular homicide in connection with an OUI offense is punishable by up to 15 years in prison.
The man the trooper had initially stopped registered a .20 on a portable Breathalyzer examination. The Acura was stopped after trying to get around the trooper, who was blocking the off-ramp to Route 495 north for road construction.
WPRI News reported that Perry has been released from jail after posting $10,000 bail.
You can read the full WPRI report here.