Ossipee man convicted of manslaughter in fatal crash involving fentanyl | Crime

Jason Nason, 30, also of Ossipee, was taken into custody to await sentencing after the jury returned guilty verdicts on alternate counts of manslaughter, negligent homicide, second-degree assault and aggravated DWI. He was also convicted of DWI and possession of drugs, both subsequent offenses.

The trial began Monday in Carroll County Superior Court and the state called 15 witnesses to testify. Defense Attorney Howard Clayman rested his case on Wednesday without calling a single witness.

In his opening statement to the jury, Clayman conceded his client possessed the opioid and caused the collision, but asserted Nason was not under the influence of the drug at the time of the accident.

Assistant Carroll County Attorney Steve Briden told the jury Nason was high on fentanyl at the time, the defense argued the state couldn’t prove the claim.

The crash happened on a straight stretch of Route 16 near the Deer Cap Campground. According to testimony, Nason was heading north in a 2004 Dodge 1500 pickup that crossed into the oncoming lane and collided with a 1999 Honda Accord driven by Janet Baumann. Nason’s truck rolled over into the southbound lane, striking a 1997 Ford Ranger behind Baumann.

In his opening remarks, Deputy Carroll County Attorney Steven Briden said, “The violence of the collision sent the Accord straight backwards off the road and caused significant damage to the left side of the vehicle. In the passenger seat, Gary Baumann suffered catastrophic injuries that he still deals with to this day. Janet Baumann, however, never got to leave that car.”

County Attorney Michaela Andruzzi delivered the closing arguments Wednesday.

“Everyone, was rushing around, trying to save the evidence, and save Janet and save Gary – the defendant was trying to save himself and hide his drugs,” Andruzzi said. “His first thought was to save himself and hide his drugs.”

Sarah Miller, who was driving the Ranger, recounted witnessing Nason’s truck hit Baumann’s car and then rolling into her lane. Her passenger, Shane Miller, gave poignant testimony about the aftermath of the crash, which happened about 4 p.m. on Sept. 13, 2016.

Jason Baker, an Ossipee patrolman who was the first police officer to arrive, testified he saw Nason rummaging in the cab of his truck. When Baker approached, Nason was holding a plastic bag containing a powdered residue that later tested positive for fentanyl. When questioned at the scene, Nason told the officer the bag had contained a tuna fish sandwich.

An expert for the state testified that blood taken from Nason four hours after the crash contained 8.1 nanograms per milliliter of fentanyl, two to three times the therapeutic level when used as a painkiller or anesthetic in a hospital. Such a blood level, she testified, would cause a cloudy brain, nodding off and likely contribute to lane control issues if attempting to drive.

Gary Baumann was the state’s final witness. He was extricated from the wreckage, flown by medical helicopter to Dartmouth- Hitchcock Medical Center and remained in a coma for 30 days. Baumann underwent multiple surgeries and a lengthy rehabilitation. He and his wife of 34 years had retired to Ossipee just two months prior to her death, the jury learned.

Before the verdict, Nason had been free on $2,000 cash bail after his initial bail was revoked following an arrest for driving on a suspended license. When sentenced June 12, Nason could face up to 27 years in prison and the indefinite loss of driving privileges.

“Gary Baumann has suffered unimaginable loss because of this crash, so it is right and just for the person responsible to be held accountable,” Andruzzi told jurors.

She praised the work of the police, EMT personnel, the experts at the N.H. Crime Laboratory, the courage of Gary Baumann and the witnesses who testified. The prosecutor said the New Hampshire State Police Crash Analysis Reconstruction Unit was instrumental in building the state’s case.