The town of New Boston is asserting one of its officers took “normal, routine and appropriate steps” when he pursued a truck across town lines at a speed of close to 80 mph that ended when the vehicle rolled over, killing one of the three teenagers inside.
The town, representing New Boston police Sgt. Stephen Case, responded to a lawsuit brought by Weare man Aaron Hodgdon, one of three then-teenagers involved in the crash that resulted in the death of Dunbarton teen Trevor Gonyer in July 2015.
Hodgdon accuses Case of negligence and reckless conduct, and claims Case violated the department’s pursuit policy by unnecessarily following the truck from New Boston to Weare without notifying his superior. Hodgdon is asking for attorney fees and “all other relief to which the plaintiff may be entitled.”
A truck containing Hodgdon, Benjamin Cook of New Boston and Gonyer, rolled over about two miles away from where Case first saw it leaving the driveway of Milwaukee Iron Works, a motorcycle shop owned by Cook’s father. The teens were ejected from the vehicle during the crash. Hodgdon and Cook suffered serious injuries; Gonyer never recovered.
“Case knew or should have known that the pursuit was high-risk within the meaning of the pursuit policy,” Hodgdon’s attorney Seth Greenblott wrote, arguing Case’s actions that night contributed to the crash.
The town, through attorney Brian Cullen, strongly denies those claims.
“Officer Case was not engaged in a vehicular pursuit at all times relevant to this complaint and was never engaged in a high-risk pursuit,” Cullen wrote.
In addition, Case “at all times acted in good faith” and is immune from liability in the case,” Cullen argued.
Cullen also denies Case followed the truck because he had an idea of who was in the vehicle. Public records obtained by the Monitor for an examination of the crash show Case had several run-ins with the truck’s owner, Nicholas Bourgeois. When Case came upon the crash scene he told dispatchers he thought he knew who was inside.
“I don’t have a positive ID at this point. But based on previous experience, I think this is Nicholas Bourgeois and Ben Cook,” Case told dispatchers just seconds after the crash, according to dispatcher audio obtained by the Monitor.
Both parties agree on certain factors of the incident that led to the crash.
They agree Case spotted a pickup leaving the driveway used by Milwaukee Iron Works on Route 114 in New Boston, located two-tenths of a mile from the Weare town line, late at night. He knew the business was operated by Cook’s father, Doug Cook.
Case was heading in the opposite direction, but the truck’s darkened tail lights made him suspicious. He turned around and activated his emergency lights, and reported seeing the truck’s brake lights flick on.
Case followed the truck along Route 114, reaching speeds of up to 78 mph on the 45 mph road and lost sight of the vehicle at least twice.
The town acknowledges that it has a pursuit policy and that the crash resulted in serious injuries.
That’s where the agreement ends.
Greenblott says Case engaged in a dangerous high-speed pursuit in clear violation of department policy and that the operator of the truck was aware Case was following them.
The town argues that Case’s actions did not constitute a pursuit or violate the department’s pursuit policy, which says that an officer’s chief is supposed to be contacted and give permission to allow a pursuit across town lines; if they can’t be reached, the pursuit must end.
Cullen says the incident never became a pursuit.
“Officer Case activated his emergency siren as he was uncertain whether the driver of the vehicle was aware of his presence,” the filing reads.
He also wrote, “Officer Case properly notified dispatch of his whereabouts and activities at all times.”
According to dispatch audio obtained by the Monitor, Case notified dispatchers he was following the truck and accelerating after he crossed town lines.
“Been behind him for about a mile now,” Case radioed to dispatchers. “He’s not stopping. He did indicate with his brake lights that he saw me, but he’s increasing his speed.”
The town also departs from its previous stance of who was behind the wheel that night.
Greenblott says Cook, who authorities believed was behind the wheel during the incident and faced charges including negligent homicide for over a year before the charges were dropped, was behind the wheel and Hodgdon was a passenger.
New Boston police Chief Stephen Brace previously told the Monitor, “I believe the person responsible was the person who was charged.”
But in the filing, the town says they “lack sufficient information to admit or deny” whether Cook was the driver. The suit is due to be heard by a jury in Hillsborough County Superior Court North.