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Wednesday, July 30, 2014

Dump truck driver charged in July crash that killed Nashua woman remains free on bail after arraignment

MERRIMACK – The 43-year-old dump truck driver charged with killing a Nashua woman in a crash earlier this month remained free on bail after his arraignment at Merrimack district court Tuesday.

Kyle Witty, of Cornish, has been free on $50,000 personal recognizance bail since he was arrested Friday by Merrimack police. He was arrested and charged with manslaughter more than a week after the crash near the intersection of Route 101A and Continental Boulevard that killed 60-year-old Elizabeth McQuinn, police said. ...

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MERRIMACK – The 43-year-old dump truck driver charged with killing a Nashua woman in a crash earlier this month remained free on bail after his arraignment at Merrimack district court Tuesday.

Kyle Witty, of Cornish, has been free on $50,000 personal recognizance bail since he was arrested Friday by Merrimack police. He was arrested and charged with manslaughter more than a week after the crash near the intersection of Route 101A and Continental Boulevard that killed 60-year-old Elizabeth McQuinn, police said.

Prosecutors have charged Witty with running a red light in a 1989 Freightliner dump truck carrying a load of stone and colliding with the driver’s side of McQuinn’s Kia Sorento SUV. McQuinn was trying to turn left from a McDonald’s parking lot onto Route 101A, according to court documents.

Witty turned over his commercial driver’s license as part of his bail conditions but is still allowed to drive regular passenger vehicles.

Merrimack police prosecutor Melissa Kowalewski asked a judge to bar Witty from drinking alcohol while out on bail, the only change made to his bail conditions Tuesday. Kowalewski said the Hillsborough County Attorney’s Office will now take over the case.

A small group of McQuinn’s friends and family attended the brief hearing but declined to speak with reporters outside the courtroom.

Police and rescue personnel were called to the crash near a McDonald’s on Route 101A around 6 a.m. July 16 and found that the dump truck driven by Witty had slammed into the side of McQuinn’s vehicle. McQuinn was pronounced dead at the scene after firefighters extricated her from the car.

Witty’s attorney, Ted Lothstein, said Witty has never been arrested and never had a major motor vehicle violation.

A judge scheduled Witty’s next court appearance for Aug. 18, when he will appear for a probable cause hearing.

Witty is self-employed and previously worked for the town of Cornish for about three years, according to a document filed at the court.

McQuinn was remembered as a devoted mother and wife with a big personality at funeral services held earlier this month. Her family affectionately called McQuinn “the boss,” but also “a princess” who loved presiding over her household – telling whiners to “suck it up” when necessary but also knowing when a situation called for a warm hug or kind, heartfelt words of encouragement.

McQuinn, who worked at Cable Assemblies in Amherst for the past decade, had been devoting time to caring for her husband, Brian McQuinn, during a recent illness as well as helping to care for her elderly mom.

Witty is facing a more serious charge than many drivers involved in fatal crashes. Instead of negligent homicide, county prosecutors accuse Witty of manslaughter, which carries a maximum of 30 years in prison.

Joseph G. Cote can be reached at 594-6415 or jcote@nashua
telegraph.com. Also, follow Cote on Twitter (@Telegraph_JoeC).