Man indicted for fatal crash on Route 106 in Gilmanton

A Belknap County Superior Court Grand Jury has indicted Leon Ellsworth, 65, of Meadow Pond Road, Gilmanton, in the fatal automobile crash that claimed the life of 63-year-old Andrew Smith of Attleboro, Massachusetts, on June 20, 2018.

Ellsworth is facing a Class A felony charge of negligent homicide for causing the crash while operating under the influence of oxycodone and/or clonazepam, according to the indictment, which was handed up on Feb. 13.

An alternate charge of negligent homicide, a Class B felony, simply alleges that Ellsworth acted negligently by crossing into the breakdown lane and causing the collision that took Smith’s life.

He also faces a Class B felony charge of aggravated driving while intoxicated with serious bodily injury resulting.

An indictment is not a finding of guilt, but an independent jury’s decision, after hearing from police, that sufficient evidence exists to warrant a court trial.

The crash occurred on Route 106, just south of the Belmont-Gilmanton town line. Gilmanton Police Chief Matt Currier said at the time that Smith’s vehicle, a 1985 GMC pickup truck, and Ellsworth’s 2002 Chevrolet Silverado pickup truck were both found in the southbound breakdown lane when police arrived. Smith was pronounced dead at the scene, while Ellsworth and a male passenger were taken to Concord Hospital for evaluation.

Also indicted during the February grand jury session was Corey Robertson, 24, of Chatsworth Drive, Newport News, Virginia, who is facing a Class B felony charge of second-degree assault for allegedly driving while impaired and crashing his vehicle on Winona Road in New Hampton on Sept. 18, 2019, resulting in another person sustaining a broken bone. Robertson also faces a Class B felony charge of wrongful conduct after an accident with bodily injury for failing to stop and give the injured person or police his name, address, driver’s license number, insurance provider, and policy information. The indictment alleges that, instead, he fled when seeing the arriving officer and attempted to hide. A third Class B felony charge alleges aggravated driving while intoxicated and causing bodily injury.

Ryan Shurtleff, 34, of Seavey Road, Belmont, is facing Class B felony charge of second-degree assault, recklessly causing bodily injury by striking a woman with his vehicle. A second Class B felony charge alleges aggravated driving while intoxicated with serious injury resulting, saying that, at the time of the collision on Route 106, Gilmanton, he was under the influence of methamphetamine and/or amphetamines which impaired his ability to drive. He also faces the Class B felony of driving after his license had been suspended.

Darren Robitaille, 53, of Scribner Road, Northfield, is facing a Class B felony charge of driving after being declared a habitual offender.