NASHUA – A Superior Court judge has granted Nashua resident Sarah E. Shaw’s motion requesting she be released from jail on personal recognizance bail as her negligent homicide case proceeds in the Nashua court.

Shaw, 36, of 97 Blossom St., was charged with the felony offense by police investigating the October auto-pedestrian collision, in which the vehicle Shaw was driving struck, and fatally injured, a man standing near his disabled vehicle on the Everett Turnpike.

Police allege Shaw was driving while under the influence of alcohol or other substances at the time of the incident, which took place late the night of Oct. 19 on the northbound side of the turnpike in the area of Exit 2.

Shaw, who is represented by Attorney Donna Jean Brown, is next scheduled in court on Feb. 25, for a dispositional hearing in the case.

Meanwhile, Brown, in her motion to “reconsider (Shaw’s) detention status,” went as far as to suggest the charge be dismissed, based on her allegations that prosecutors “failed to comply with the rules of discovery.”

Brown also noted in her motion that a “defense investigation has demonstrated that (Shaw) was not intoxicated” at the time of the incident.

Meanwhile, Shaw, who entered a not-guilty plea at arraignment, had spent 45 days in jail at the time Brown filed the motion – and, according to Brown, prosecutors “has not provided (Brown) any of the (discovery) materials” despite Brown’s “repeated requests for these materials,” according to the motion.

“While dismissal of charges is ordinarily not the proper sanction for the state’s failure to comply with the rules of discovery,” Brown wrote, that alleged failure “caused prejudice” to Shaw’s case,” and therefore “merits the dismissal, without prejudice, of the charge … .”

In response to Brown’s motion, Assistant County Attorney Lin Li, who is prosecuting the case, argued that although the discovery materials were not provided to the defense in timely fashion, “there are no extraordinary circumstances,” such as “intentional prosecutorial misconduct.”

Li added that any prejudice “caused by the state’s failure to provide discovery” in a timely manner would be cured by Shaw’s release on personal recognizance bail.

The victim, Osman Konda, 53, was pronounced dead at the scene, suffering what police described as “significant trauma” that ultimately “resulted in his death” despite the efforts of medical personnel.

Police said at the time that officers, in speaking with Shaw, detected “an odor of alcohol,” and alleged Shaw exhibited “glassy, bloodshot eyes” and “slurred speech,” and had “a dazed look on her face,” according to police reports.

Shaw allegedly told officers she was returning from a wedding and, according to police, she said she had three drinks.

Shaw’s bail hearing two days later in Superior Court was heavy with emotion, with members of both Shaw’s and Konda’s families in attendance.

Judge Jacalyn Colburn, after hearing from Attorney Timothy Goulden, who represented Shaw at the time, and the prosecutor, Assistant County Attorney Brett Harpster, ultimately granted Harpster’s recommendation that Shaw be held on preventive detention.

Although Shaw had no criminal record, Colburn said, she agreed with Harpster that Shaw “presented a danger to the community.”

“While we don’t have the results of the blood tests, I have to find you a danger based on what is reported here,” Colburn said, referring to the blood samples taken from Shaw after her arrest.

“Obviously, this is a tragedy, both for the family of the decedent and your family,” Colburn told Shaw.

Dean Shalhoup may be reached at 594-1256 or dshalhoup@nashuatelegraph.com.

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