In 2009, the New Hampshire Supreme Court ordered Fauver to consider granting Whittaker a new trial, but Fauver refused, finding that Lakowicz's testimony would have made no difference. The prosecution's accident expert concluded Whittaker could have seen Hegerich and stopped in time had he been sober, and not driving at roughly 35 mph, 10 mph over the posted speed limit.
Strafford County Superior Court Judge Peter Fauver Omega Watch With Price sentenced Whittaker to two, consecutive terms totaling 7 to 22 years, saying Whittaker had shown a "callous disregard" for human life.
Carl Lakowicz of Northpoint Collision Consultants of Gilmanton concluded that it would have been impossible for any driver to see Hegerich in time to avoid the crash on a dark, rainy night, and thus Whittaker's impairment was not a factor.
Last month, the Supreme Court ruled that there was a "reasonable probability" that a jury might acquit Whittaker after hearing all of the evidence, including both accident reconstruction experts.
On Nov. 24, the state Supreme Court ruled that Fauver was wrong to refuse to grant Whittaker a new trial after the high court first reversed his conviction in 2009.
City man bailed pending new trial for UNH fatal
Both Hegerich and Whittaker were intoxicated at the time of the accident; Whittaker had a blood alcohol level of 0.16 percent, twice the legal limit at which a driver is presumed to be impaired, while Hegerich's was 0.14 percent.
Whittaker, then 19, was arrested 20 minutes after the crash on Nov. 21, 2004, and convicted two years later of negligent homicide and leaving the scene of an accident.
Strafford County Attorney Thomas Velardi has said his office will try Whittaker again, but the case has not yet been scheduled. On Monday, a Strafford County judge agreed to release Whittaker on personal recognizance bail while the case is pending, Foster's Daily Democrat and WMUR report.
his 3 to 7 year sentence for that offense, as well as serving over a year in prison for negligent homicide.
scene of the accident, and has already served Omega Seamaster Planet Ocean Titanium
Whittaker apologized when he was sentenced, saying he hadn't known that he'd hit anyone, and appealed his conviction, arguing that his trial lawyer had failed to hire an accident reconstruction expert.
accident was unavoidable," the court ruled.
Whittaker never contested his conviction for leaving the Omega Leather Strap Price
Kevin Whittaker, 25, was convicted in 2006 of negligent homicide and leaving the scene of an accident after his car struck and killed Richard Hegerich, a fellow student who was crossing Main Street in Durham in 2004.
Based on their testimony, the ruling states, "a jury could reasonably have decided that regardless of the driver's impairment, the Omega Seamaster Pink
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