By Patrick Adrian
EAGLE TIMES STAFF
NEWPORT — A Claremont man facing criminal charges following a fatal collision with a bicyclist on Monday will remain detained in Sullivan County Corrections pending an evidentiary hearing to determine whether or not to grant bail.
Albon M. Chapman Jr., 31, was arraigned on Tuesday in Sullivan County Superior Court, where he faces three Class B felony charges of negligent homicide, reckless conduct with a deadly weapon, and attempted falsifying of physical evidence in connection to a fatal collision in Newport on Monday morning in which Chapman’s vehicle allegedly struck and killed a bicyclist.
According to a police affidavit, Chapman was driving a red GMC pickup truck eastbound in the right travel lane of John Stark Highway when his vehicle collided with bicyclist Daniel S. Thurston, 40, of Claremont. Thurston died at the scene prior to the arrival of investigators.
Chapman allegedly told the police that Thurston’s bicycle had suddenly swerved into his path and that he was unable to avoid the collision.
However, two eyewitnesses allegedly told police that Chapman appeared to be driving erratically prior to the collision and that Thurston was riding his bicycle “well in the breakdown lane” rather than the main road.
In addition, Newport Detective Sergeant Stephen Lee, who investigated the collision, reported seeing “fresh scuff marks” in the breakdown lane near where the collision appeared to occur, contrary to Chapman’s alleged claim.
“From that location and appearance of the scuff marks, it appeared that the area of the collision between the pickup truck and the bicycle was in the breakdown lane, not in the travel lane as Chapman had claimed,” Lee states in the affidavit.
While Chapman allegedly said he was not using his cellphone while driving, Lee said in the affidavit that the driver had attempted to use the cellphone against instructions from the police and physically resisted when Lee attempted to seize the phone as evidence.
“I then got into a short wrestling match with Chapman inside the vehicle while he tried to prevent me from taking the phone,” Lee said, “and I yelled at him to stop.”
Lee said that the phone appeared to be open to a fantasy sports league application during the struggle with Chapman, though he allegedly told police that he was attempting to call his mother, not to hide evidence.
According to Lee, Chapman’s pupils were constricted, which could be attributable to Suboxone, a medication used to treat opioid addiction. Chapman allegedly said that he is medically prescribed Suboxone.
Sullivan County Attorney Marc Hathaway said samples of Chapman’s blood were sent for testing to determine possible substance levels, though the test results were not complete in time to present at Tuesday’s arraignment.
Hathaway has requested that the court deny bail to Chapman due to Chapman’s “deeply concerning motor vehicle record,” which includes driving on a suspended license.
Chapman has a long history of driving violations, including two prior convictions of using a mobile device while driving, Hathaway told Sullivan County Superior Court Justice Brian Tucker.
In addition Chapman has had seven speeding convictions since 2012, two failures to appear in court and three reportable vehicle accidents since 2017, according to Hathaway.
Chapman was also out on bail for another charge at the time of Monday’s collision.
According to Hathaway, Chapman was arrested on Nov. 3, 2021 for driving on a suspended license, which has since been reinstated.
“He is a picture of danger to others and to himself,” Hathaway told Tucker.
Peter Hutchins, Chapman’s attorney, said that his client’s prior driving convictions are not indications that he would be a public endangerment if allowed bail and that detaining him would be a financial hardship on Chapman’s wife and two children.
Tucker said that any bail allowance would need to require a condition that Chapman not operate a motor vehicle, though the court needs to examine the evidence to determine whether Chapman would be likely or not to comply if released.
The court has tentatively scheduled an evidentiary hearing for Friday morning.
reporter @eagletimes.com
As your daily newspaper, we are committed to providing you with important local news coverage for Sullivan County and the surrounding areas.
