By Elizabeth Dinan [email protected] February 28, 2011 10:21 AM PORTSMOUTH — A Marine who once used a 14-pound rock to threaten a Corvette driver during a road rage incident was arrested Sunday on charges alleging he was drunk when he flipped his Mini Cooper on South Street, then ran into a nearby cemetery. Police were called to South Street at about 8 p.m. Sunday by a caller reporting the crash and who said no one was in the flipped car. A witness said the lone occupant of the car ran into South Cemetery and an officer reportedly followed footprints in the snow leading to the alleged driver. After field sobriety tests were administered, police arrested Duane Foster, 44, of 2 Foyes Road, Rye, on charges of driving while intoxicated and conduct after an accident. The Mini Cooper was towed from the scene just before 9 p.m. Police Sgt. Tom Grella said following Foster's arrest, he was released on personal recognizance bail and is scheduled to be arraigned April 4 in Portsmouth District Court. Foster has a 30-day jail sentence hanging over his head as a result of his April 2010 convictions for criminal threatening and disorderly conduct. Those convictions followed a District Court trial in which Foster took the witnesses stand in his own defense for road rage charges. A Marine and long-distance cyclist, Foster testified that he put his bicycle in Route 1A in Rye to stop a reckless driver. He said he ended up on the hood of the car with a 14-pound rock over the driver's head because, “he had to come off the road.†“He was a danger to people on the road,†Foster testified. “I knew what I had to do. He needed to be educated about safety.†Presented at trial was an enlarged photograph of Foster on top of the car holding an oval beach rock above the driver. Foster testified that he and a group of about 20 cyclists met in Rye for a coastal ride when he heard a car horn and a revving V8 engine, just before a Corvette swerved toward the cyclists, forcing some off the road and others “to fan around the car.†The driver then applied the brakes “hard enough for the anti-skid to cycle,†yelled and displayed his middle finger, Foster said. Foster said he peddled his bicycle along a shortcut to Route 1A where he waited until he saw the Corvette coming and laid his bicycle in the road to force him to stop. He testified he already had the rock in his hand when the driver was “nudging†the bumper of the car against his shins, forcing him onto the hood. “Civilians stopped, the cops came and they asked me who held the rock, and I said it was me,†he testified. Foster's attorney, Stephen Jeffco, told the court his client was not guilty of disorderly conduct and criminal threatening, while citing a “competing harms†theory, which says the illegal conduct was “urgently necessary.†Prosecutor Bob Ducharme told the court the danger was over when Foster committed the crimes, while reminding the cyclists “could have ignored it.†“I can understand your unhappiness,†said Judge Stephen Morrison. “But it doesn't mean you become a vigilante.†The judge found Foster not guilty of criminal mischief, noting he probably scratched the Corvette, but not purposefully. He found Foster guilty of criminal threatening and imposed a suspended 30-day jail sentence and a $500 fine with half suspended pending two years of good behavior. The judge also found Foster guilty of disorderly conduct and imposed a $100 fine. After the hearing, Foster turned to a group of observing students from Ducharme's American Studies class at Portsmouth High School and offered some advice. “I was a Marine who flew tankers,†said Foster, who also testified that he's now a commercial pilot. “You think being on the hood of a car is cool? It's not cool. I could've lost my career.†Foster previously noted his intention to appeal the convictions at Rockingham County Superior Court but the District Court clerk's office reported Monday that the lower court's convictions had not been overturned. Source - Seacoast Online - Portsmouth NH, York ME, Hampton NH, Exeter NH, and Kennebunk ME Guide
This guy has "issues", he needs to talk to somebody..... As a bicyclist myself I understand getting upset by someone who almost runs you and your group off the road, but truth be told, I'll bet they weren't in a peleton, they were just cruising up the road, blocking the lane and probably had been for some time. All speculation on my part, but that's what usually triggers this kind of driving behavior. Not excusing the Corvette owner by any means, but it takes 2 to tangle like this. At any rate, the guy was also "under the influence", maybe he was in the Corvette incident too? Issues, like I said......he needs help.
We also know what intoxicated Marines who think they should police the world are like, and how everyone who doesn't fit into their idea of right.........is wrong. I don't want to turn this into a discussion of service people or Corvette/Porsche owners, but the article did say the Marine was drunk when he wrecked his MINI, that he ran off rather than face the music when he did and he himself admitted that what he did earlier with the Vette driver was wrong. Like I said, I think the guy needs help, and I hope he gets it before he does something really wrong. Just my opinion.... Opinions are like exhaust pipes, we all have at least one!
:lol::lol::lol::lol: ut: "Hey! Copilot! Look at that idiot 747! He's in our air space. Hold on! I'll clip his vertical stabilizer with our wing tip. That'll show him whose boss.":eek6: opcorn:opcorn:opcorn: Jason
Exactly my point, the man drives drunk, who's to say he's not driving a plane intoxicated too? We have no idea of his combat history or anything, so the only judgement that can be made is based on these two events as reported - no way to know what's going on in his life either. I just think he's got some things going on in his life that he could use some help with.....
:cornut:As a former soldier and combat veteran, I can only agree with y'all. A lot of use brought 'baggage' home with us that we haven't dealt with yet.He needs to see Psychiatrist/Psychologist/Councilor SOON(like today!) Jason
A friend was in the Marines in Vietnam, all he did was fix office equipment, but to hear him talk, you'd think he was Rambo!:lol: Dave
He should file a claim for PTSD with the VA, 44 and still full of rage and driving drunk and police chase. Not saying its excuse, but the Vette driver was a douce too. He prolly shoulda just hid and chucked a rock at the Vette and rejoined his group like nothing happend. I always make room and slow down for bikers and we have lots of them here in Santa Cruz mountains area.
Maybe this is what he saw: [ame=http://www.youtube.com/watch?v=unLHmYyAw5g]YouTube - Car Runs Down 40 Bicyclists At Brazil[/ame]
That's f'd up! My dad road rides a lot and has been hit. It also pisses him off when riders ride 3 breast. But I agree that guy needs help and Vette drivers are d-bags. At least they are on the track.