Negligent homicide charges dropped
Nashua man facing lesser charge of falsifying evidence
Staff file photo The damaged vehicle belonging to Nashua resident Matthew Michaud sits on the side of Dracut Road in Hudson following the August 2015 crash in which a motorcyclist was killed. Two negligent homicide charges against Michaud have been dropped.
NASHUA – Matthew Michaud, the 28-year-old Nashua man charged with several offenses, including negligent homicide, after his car struck and fatally injured a motorcyclist in 2015, is set to go to trial next week – but only on one charge of falsifying physical evidence.
Just as jury selection was beginning earlier this week for Michaud’s trial, prosecutors elected to drop the two negligient homicide charges, leaving just the falsifying evidence charge on which to take Michaud to trial.
The charge, a Class B felony, accuses Michaud of destroying files on his cellphone, allegedly with the purpose to impede the police investigation into the crash, according to the indictment.
First Assistant County Attorney Kent Smith said Wednesday that he and Assistant County Attorney Lin Li decided to drop the two charges for the time being, as they await the results of further forensic examination of Michaud’s cellphone to determine, Smith said, if any new evidence comes out of the examination.
One of the negligent homicide charges was the subject of a February hearing at which Michaud’s lawyers, attorneys Paul Borchardt and Kara Simard, moved for dismissal.
Judge Jacalyn Colburn later denied the motion, Smith said Wednesday.
Michaud’s trial on the falsifying evidence charge is scheduled to begin Wednesday, March 14, in Hillsborough County Superior Court South, and is estimated to run for three days.
The crash, which occurred on Aug. 19, 2015, on Dracut Road in Hudson just north of the Hudson-Tyngsborough town line, involved Michaud’s 1998 Audi and a 2014 full-size Harley Davidson operated by Tyngsborough resident David J. Swierk.
Swierk, 62, sustained severe injuries and was flown to a Boston hospital for treatment. He succumbed to the injuries on Sept. 1.
The negligent homicide charges accused Michaud of gross negligence, and negligent driving due to being distracted by his cellphone.
Dean Shalhoup can be reached at 594-1256, dshalhoup@nashua
telegraph.com or @Telegraph_DeanS.


