Citing a police attempt to reconstruct the incident, Jennings suggested that Morse was blinded by the glare of sunlight on the water and did not see the kayak.
Steven MorseNORTHAMPTON – A judge has denied a motion to dismiss the charges against Steven J. Morse, of Westfield, who is accused of killing a 10-year-old boy in a kayak by running him over in his motor boat on Lake Norwich in Huntington.
Prosecutors say Morse, 37, was impaired by a combination of marijuana and alcohol when he crashed into Augustus Adamopoulos, who was kayaking on the lake with his father on Aug. 17, 2010. The boy, known to all as Gus, died as a result of his injuries.
Last week, defense lawyer Michael O. Jennings asked Hampshire Superior Court Judge Bertha D. Josephson to dismiss the manslaughter and homicide by boat charges against his client, arguing that the grand jury did not have sufficient evidence for the indictments. According to Jennings, a breathalyzer test administered at the scene by police showed that Morse was not legally intoxicated. A subsequent test at the police station showed little or no alcohol in Morse’s system, Jennings said.
Citing a police attempt to reconstruct the incident, Jennings suggested that Morse was blinded by the glare of sunlight on the water and did not see the kayak. In her ruling, Josephson said the jury had probable cause to believe the defendant diminished his ability to operate the boat safely through consuming a combination of drugs and alcohol.
“(T)he Commonwealth’s presentation was complete and fair,” Josephson wrote, noting that evidence favorable to Morse was also presented.