New Hampshire v. CarnevaleAnnotate this Case
Defendant Henry Carnevale was convicted by jury of felony reckless conduct, with a deadly weapon, and conduct after an accident. Defendant was driving north on Interstate 89 in Grantham, New Hampshire, in his 7,300-pound sport utility vehicle, when he began tailgating a Volkswagen Jetta transporting the victim (driver of the VW) and his three-year-old son. Approaching a construction area, defendant made a hand gesture and moved into the right lane, passing extremely close to the rear of the VW. Defendant abruptly cut back into the left lane, causing the rear of the SUV to hit the front of the VW. The victim was forced to brake heavily and veer right, losing control of his car, and crashing into a guardrail located above an underpass at approximately 65-70 miles per hour. After the crash, there were VW parts, fluids, and tire marks all over the highway. The victim and his son were transported by ambulance to the hospital. After the accident, defendant drove away from the scene, but police identified his vehicle’s license plate and arrested him later that day. On appeal, defendant argued the trial court erred by denying his motions for judgment notwithstanding the verdict (JNOV) on the basis that there was insufficient evidence that he acted “recklessly” and that his automobile constituted a “deadly weapon.” He also argued the trial court erred by denying his motion for a new trial based upon ineffective assistance of counsel. Finding no reversible error, the New Hampshire Supreme Court affirmed.