Judge rules Hilliard’s arrest unlawful, but no verdict yet on DWI

NASHUA — A judge ruled Thursday that Tilton police should have obtained a warrant before arresting Merrimack County Sheriff Scott Hilliard on aggravated drunken driving charges last August. But the issue of his guilt or innocence on the DWI charge was continued until mid-January.

Judge James H. Leary made the ruling during a three-hour trial in Nashua District Court.

Hilliard contested the arrest on the grounds that police are not allowed to arrest someone without a warrant unless they have seen a person commit a crime.

The prosecution, however, argued that police did not need a warrant under the circumstances. Finding judges or justices of the peace during the evening and nighttime hours to sign warrants was problematic. Moreover, the process of applying for the warrant was time-consuming, and during that time Hilliard’s blood alcohol level would be dropping from what it was just prior to his driving to the Ninety-Nine restaurant on Route 3.

Leary said while police “did a perfect investigation” and established probable cause that Hilliard was legally intoxicated on the evening of Aug. 9, “I’m finding it was an unlawful arrest because they did not make even an attempt” to obtain an arrest warrant.

The ruling means the result of the blood test taken after Hilliard’s arrest cannot be introduced as evidence.

Hilliard, 58, of Northfield, is facing charges of aggravated DWI, DWI, and having an open container of alcohol inside the car stemming from his arrest. At the time of his arrest he had a blood alcohol level of 0.214 based on a breath test, according to the official police report.

After Leary made his ruling close to the end of Thursday’s proceedings, Hilliard’s attorney, Jared Bedrick said Hilliard would waive offering any testimony when the trial resumes on Jan. 14, and would accept the judge finding Hilliard guilty on the simple DWI charge.

Tilton Police Department prosecutor Jesse Renauld-Smith said that since the results of the breath test had been admitted earlier during the trial, the judge should still be able to consider the aggravated DWI charge when determining guilt or innocence.

Four witnesses, including three Tilton police officers, testified during the trial.

The officers all testified that Hilliard demonstrated clear signs that he was intoxicated — slurred speech, unsteady gait, and glossy, bloodshot eyes.

Sgt. Brian Kydd-Keeler, who handled the investigation that night, said Hilliard told him he had drunk four Tito-and-soda cocktails about four hours earlier. Hilliard failed the field sobriety test, he said.

Police made contact with Hilliard outside the Ninety-Nine after receiving a call from a motorist on Route 140 who reported seeing a car that was “all over the road.”

Emily Laflam, of Belmont, said she called police because the car was swerving in and out of its lane.

“I’d never seen something like that,” she said. “It almost hit a minivan.”