A woman accused of fatally striking a cyclist in Concord last year has pleaded not guilty to four charges.
Jessica Warren, 42 of Penacook, waived her arraignment on Monday in Concord’s district court. She is out on personal recognizance bail, and is not allowed to drive until her license is restored, according to court documents.
Warren faces charges of vehicular assault and driving with a suspended or revoked license, both misdemeanors, and two violations accusing her of going over a yellow/solid line and following a vehicle too closely in connection with the September crash that killed state correctional officer Patrick Bettens. The misdemeanor charges each carry a maximum penalty of one year in jail.
Warren has defied court orders in the past forbidding her drive, according to documents filed by Concord police officers. Her license was suspended in February 2017, according to a complaint filed by Concord police Det. Michael Cassidy. In January 2018, she was convicted of operating after suspension in Concord’s district court.
Almost nine months later, Warren was reported by police to be driving north in a Honda Odyssey on North State Street between Roger Avenue and Sewalls Falls Road when she failed to see Bettens operating his bicycle in front of her.
Bettens was reported to be riding his bike on the right side of the road when he went into the street to avoid a UPS truck parked in the bike lane.
When he did so, Warren “failed to become aware of the bicyclist in front of her vehicle, hitting the cyclist’s rear tire, running over him and dragging the cyclist a distance while failing to immediately stop,” according to the complaint. She is reported to have driven onto the curb before crossing the double yellow line and striking another vehicle.
Police say Warren was driving too close behind Bettens when the crash occurred.
State law says that someone driving after suspension of a license can be charged with a Class B felony punishable a maximum of seven years in prison if the driver is involved in a serious accident. While prosecutors have to prove that the person’s “unlawful operation of the motor vehicle caused or materially contributed to the collision,” any violation of the rules of the road can be considered as evidence against the defendant.
Concord police have said Warren’s conduct did not constitute a felony after consulting New Hampshire State Police, city and county prosecutors and other experts in accident reconstruction.
The case is scheduled for a trial conference at 8:15 a.m. on May 30.
