Negligent homicide charged in death of NH Air National Guard commander

ROCHESTER — Paul Clement, the Rochester man previously charged with the hit-and-run accident that took the life of the commander of the New Hampshire Air National Guard at Pease, is now charged with negligent homicide.

Clement, 81, has been indicted on the Class A felony negligent homicide, which is a new charge, as well as a Class B conduct after an accident charge. The July 8 accident on Crown Point Road killed Brig. Gen. John Pogorek, 57, of Strafford.

Paul Clement
Paul Clement

Class A felonies are punishable by 7.5-15 years in prison if there's a guilty finding.

The indictment indicates a Strafford County grand jury found enough evidence to warrant a trial.

Clement said he was drinking before accident and 'blacked out'

When he was arrested in August, Clement told police he had been drinking at a local bar before the fatality and "blacked out" at the time of the accident, according to court documents.

Strafford County Attorney Emily Garod said Clement is scheduled to be arraigned in Strafford County Superior Court Tuesday, Nov. 5 at noon.

Brig. Gen. John Pogorek
Brig. Gen. John Pogorek

Clement remains free on personal recognizance bail. He is represented by attorney Andrew Cotrupi, who could not be immediately reached for comment.

On the date of the accident, police said, officers were told by Pogorek's son he had pulled his truck and trailer to the side of the road to fix a strap that was holding down hay he was hauling when a vehicle struck him. He said the vehicle did not stop and continued traveling down the road.

Clement was interviewed by police detective Matthew Flathers at his home the night of the accident. Clement's adult son called 911 to report his father told him he was in an accident on Crown Point Road.

Clement told the detective he had two cocktails at Club Victoire (Victory Club) prior to the accident, "blacked out" and thought he side-swiped a vehicle before becoming scared and driving home, according to a police affidavit written by Flathers.

Clement told Flathers he had a rum mixed drink around 4 p.m. and another at 4:30 and stayed at the bar until about 5 or 5:15 p.m. The fatal accident occurred about 5:22 p.m., according to police.

Clement told police he felt lightheaded before leaving the bar. The detective asked him if he thought the alcohol was affecting him and he said, "I did, I did," and stated it was not normal for alcohol to affect him.

Clement told Flathers he knew he hit a vehicle and said to himself “(expletive), I’m going home. I’m in trouble.” After he got home, he also reported telling his son he was in "deep (expletive)" because he hit a car.

Flathers stated video footage at the Victory Club confirmed Flathers was there prior to the accident.

Police had also compiled evidence, including a piece of a mirror they believe ripped off Clement's red Toyota RAV4 in the accident, and witness statements.

Clement’s car was seized, and police allege they found damage to the front right corner of the Toyota. The glass on the front right light was broken; there was a crack from the bottom of the car, going up the right side of the fender. Next to the front right headlight was significant damage, with the front right panel off the car and hanging. The passenger side mirror was damaged and there was damage along the right side.

This article originally appeared on Fosters Daily Democrat: Negligent homicide charged in death of NH Air Guard's John Pogorek