Driver charged with negligent homicide in crash that killed motorcyclist in North Hampton

NORTH HAMPTON — A Boston woman, who police say ran a stop sign and struck and killed a motorcyclist in June, allegedly consumed a Prosecco and strawberry daiquiri before the crash.

Jennifer McCoy, 38, was indicted this month on one count of negligent homicide for allegedly causing the death of David Penney, 58, of Tewksbury, Massachusetts, in the North Hampton incident. An indictment means the grand jury found enough evidence to warrant a trial.

McCoy was arrested by state police on June 25 on the charge of driving under the influence of alcohol. Police allege McCoy was driving a 2015 Black BMW at 3:30 p.m., when she failed to break at a stop sign at the intersection of Atlantic Avenue and Woodland Road, colliding with Penney's 2020 Harley-Davidson.

Penney was transported to Portsmouth Regional Hospital, where he died from his injuries. McCoy, and her juvenile passenger, were also transported to the hospital but were uninjured.

Police said there were several witnesses to the crash. Penney was part of a group of five riders who were test-riding electric motorcycles in a demonstration event hosted by Seacoast Harley-Davidson. Three of the riders who were riding behind Penney told police McCoy failed to stop or slow down at the stop sign, causing the collision.

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A nearby surveillance camera also captured the accident on video.

Police affidavit reveals new details in case

According to a police affidavit, police spoke with McCoy at the hospital, where she told officers that she had been staying at the Wentworth by the Sea and had Prosecco around noon followed by a strawberry daiquiri.

She told officers, according to the affidavit, that she was using her phone for GPS directions when the crash occurred.

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While she is prescribed Adderall, McCoy told police, she did not take the medication that morning.

When police told her they would be doing a blood draw to test her alcohol content, McCoy "without any prompting" told officers that she also consumed Allegra and Zyrtec 24-hour relief allergy medications, according to the affidavit.

McCoy to be arraigned on new charge

McCoy is scheduled to be arraigned at Rockingham Superior Court on Friday, Jan. 20. She previously waived her arraignment on the felony driving under the influence charge.

If convicted of Class B felony negligent homicide, McCoy faces a prison sentence of 3 ½ to 7 years and a fine of up to $4,000. Negligent homicide is defined as the unintentional killing of another. New Hampshire's negligent homicide law applies to non-driving and driving-related unlawful killings.

According to the indictment, McCoy drove negligently and caused the death of (Penney) by "driving a motor vehicle through a stop sign without braking."

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McCoy is being represented by attorney Ryan Russman.

"All I can say at this point is that it's an awful tragedy, and we hope to resolve this as soon as possible," Russman said.

According to Penney's obituary, Penney spent 11 years mentoring his son and many other scouts with Boy Scout Troop No. 49 of Tewksbury as leader and Scoutmaster. He was also a member and president of Tewksbury-Wilmington Sons of Italy, and of the Tewksbury-Wilmington Elks Post # 2070.

This article originally appeared on Portsmouth Herald: Driver of fatal North Hampton crash charged with negligent homicide