Driver accused in fatal motorcycle crash asks for release on bail

A Goffstown driver pleaded not guilty to seven charges following a Sept. 20 collision where he allegedly crossed the center line of Lake Shore Road in Gilford, killing three motorcyclists.

Anthony J. Summers, 32, was indicted on Dec. 19, for three charges of felony negligent homicide and drunk driving, three felony negligent homicide charges; and one felony charge of falsifying evidence, after refusing to provide a blood sample.

Summers appeared in Belknap County Superior Court in Laconia on Tuesday morning. He waived a formal reading of his charges, and his attorney Alex Yiokarinis requested he be released on bail. After testimony from the county attorney and the defense, Judge Elizabeth Leonard said she will take the request under advisement.

An indictment is not an indication of guilt. Rather, it is a finding by a Grand Jury that enough evidence of an alleged crime exists to warrant bringing a case to trial.

Yiokarinis said Summers would essentially agree to any bail condition offered, and while he is a resident of Goffstown and facing charges in Belknap, he believes there is a potential for Hillsborough County to assist.

County Attorney Keith Cormier asked that Summers continue to be held, as his release could be a danger to the safety of the community. Summer originally appeared in Laconia District Court, before his case was elevated to Superior Court on Oct. 1.

Grand Jury indictments were issued on Dec. 19, followed by a probable cause affidavit on Dec. 22, to support the charges. The same day, Yiokarinis filed a motion for bail review on Summers' behalf.

Cormier summarized the allegations to Leonard, saying on Sept. 20, Gilford Police were notified about a head-on collision on Lake Shore Road. A 911 caller said two people were dead — Scott and Robyn Blomerth — and one who was seriously injured — Timothy “TJ” Sullivan. Sullivan was hospitalized and later died, on Oct. 5.

The first officer to arrive at 6:17 p.m. found two “obviously deceased” victims, and another officer spoke with Summers, who admitted to driving the Ford Bronco that hit the two motorcycles.

“He stated that he was looking at [the] front passenger, having a conversation with her, and turned back to the road and that was when the collision happened,” Cormier said.

Cormier said an officer observed Summers with bloodshot eyes, and did not know if it was due to intoxication or the accident. He also said the airbags in the Bronco deployed, which smells like sulfur, making it difficult to smell other odors.

Cormier said Summers refused to give a blood sample, and was taken to a hospital. Only after a court order, Cormier said, did Summers allow his blood sample to be taken.

“So, the crash was reported to law enforcement at 6:10 in the evening, and the blood draw was taken at 12:48 a.m.,” Cormier said. “He had a blood alcohol content of 0.027, as well as THC and amphetamines in his system.”

Cormier said two witnesses told officers they saw the Bronco hit two motorcycles driving side by side. One witness estimated the vehicle was “50%-65%” in the oncoming lane.

A reconstruction of the accident included the scan of the area by drones, and data taken from the vehicle. The reconstruction estimated Summers was driving 37-41 mph at the time of the collision, and the motorcycles were traveling 29-31 mph.

"The reconstruction report said the center of the Ford Bronco was 4 feet to the left of the center line when the vehicle made contact with the motorcycles,” Cormier said. “So, from the state’s perspective, this is an individual who engaged in reckless behavior and cost three individuals their lives. We think there is more than enough evidence to meet the standard of probable cause, and be a danger to others if released.”

Yiokarinis responded, “It is our position that he is not dangerous.”

He said at the time of the first bail hearing, much of this information was not yet available.

“I will submit that there are very different circumstances now, knowing what we know, than what was brought forward before,” Yiokarinis said. “We’re asking this court to allow him to be released.”

Yiokarinis said Summers would agree to conditions, including supervision and cash bail. Summers lives in Hillsborough County. Yiokarinis said he has dealt with similar situations, where other counties supervise in their programs at the expense of the defendant. Yiokarinis said he has been in communication with Hillsborough County about options already.

Summers lives in Goffstown with his wife, and has been employed with a paving company for about 12 years as a foreperson. He works long weeks, and travels a lot, logging 70,000 miles on the road per year.

Yiokarinis said despite some blemishes on his driving history, he is a “safe driver.” Summer was convicted of drunk driving in 2015.

Yiokarinis noted some issues with the accident reconstruction, saying it “failed” because “data was corrupt.”

Police returned to the scene on Oct. 10, he said, to highlight evidence they could find. Then on Oct. 17, officers returned to the scene again, to “mark and highlight evidence they believe was still visible in the road.

“The roadway was shut down, reports were taken, drones were deployed, and it was from this compromised data that the state concludes the defendant’s center of the vehicle was 4 feet over the center line,” Yiokarinis said.

Yiokarinis said eyewitnesses told police they were 500-700 feet away, which he noted is “over a football field” away, on a windy road with dips and valleys. He also noted when there is an intersection, there is a gap in a yellow line in that area, contradicting witness testimony.

“That calls into question how severe the vehicle was in the opposite lane of travel, which is entirely what this case is about,” Yiokarinis said.

Yiokarinis said there was no point during the investigation when officers had probable cause to make an arrest for drunk driving.

“There was no odor of alcohol, no swaying on his feet,” Yiokarinis said.

“We’re not talking about an impairment situation here.”

Yiokarinis gave blood test results for the victims. He said Scott Blomerth, the operator, and Robyn Blomerth, the passenger, both tested over the legal blood alcohol limit. He also said the vehicle data tells its rough speed about 5 seconds before the airbag was deployed in the Bronco, and the state is relying on data that shows a “slightly positive left steering angle,” reported by the vehicle.

He said the state suggested the drift led to crossing over the center line, but it could mean anything, such as navigating the road.

“To say a vehicle has a drift, and justifying that and explaining that as how the vehicle ended up being on the opposite side of the road, doesn’t explain much of anything at all,” Yiokarinis said. “It’s not clear how they reached their conclusion that the Bronco was approximately 4 feet left.”

Yiokarinis said the state has data from the Bronco, but not from the motorcycles.

“The data from the Bronco can’t tell you where the motorcycle was in its lane before the impact,” Yiokarinis said. “It can’t confirm whether the motorcycle made any last-minute moves.”

Yiokarinis said the only reason Summers was arrested was because he refused a blood sample, and it was not as clear as the state told the judge on Tuesday. He said there were multiple conversations, and Summers was held on the side of the road for hours, and not detained.

Cormier said, “We are going to have to just agree to disagree” that the blood draw was mandatory. He thought it was made “quite clear.” He also did not want to disregard eyewitness testimony, noting it is not difficult to see a football field's length ahead, and see a large vehicle cross over into another lane of traffic.

“Whether or not you agree that data has been corrupted, and he calls into question subsequent scans that were done, you still have eyewitnesses that put his vehicle square in the middle of their lane,” Cormier said. “There is nobody, no witness, and no piece of data or anything, any scan, that even suggest that the motorcycles were in his lane. In fact, he is the one who says he wasn’t even looking at the road when this happened.”

Cormier also disagreed with Yiokarinis that Summers was not detained, saying he was “not allowed to leave.”

Leonard asked if there was an extrapolation obtained of what the blood alcohol content could have been six hours earlier, and Cormier didn’t feel comfortable giving a figure, as he is not an expert.

“I would expect it would be above a 0.08,” Cormier said. “Not to mention amphetamines and cannabis.”

Cormier said there was no need to make a comment about the blood test results of the deceased passenger. He said it was not relevant, and only seemed like taking a shot at the victim. Yiokarinis defended his remarks, saying it is different, because it is a motorcycle and balance is involved, and he does respect the victims.

Leonard said this is a difficult situation, and acknowledged there were supporters of both the defendant and the victims in the courtroom.

“What I am going to do is, I am going to take this under advisement, and I will get a decision out as soon as I am able to,” Leonard said.

A dispositional conference is scheduled for 8:30 a.m. on Tuesday, Feb. 17, in Belknap County Superior Court.