Tyler Hamilton received and sent text messages while behind the wheel on the night the Nissan he was driving struck and killed a 20-year-old woman who was in a Worcester crosswalk, according to police.
Newly-filed court documents indicate that Hamilton received three text messages and sent two texts around the time that 20-year-old Gabriella Lowell was struck on Grafton Street at 9:08 p.m.:
- Received message 9:07 p.m.:
- Text sent from Hamilton's phone 9:07 p.m.:
- Received message 9:07 p.m.:
- Text sent from Hamilton's phone 9:08 p.m.:
- Received message 9:08 p.m.:
Hamilton, 21, of Worcester was driving north on Grafton Street when he struck Lowell, who was in a marked crosswalk, in the area of 1039 Grafton St. on June 12, police said.
Surveillance video from Red Radish Produce Store at 1059 Grafton St. revealed that Lowell was in the crosswalk as she crossed Grafton Street from southwest to northeast at the same time that the Nissan was more than 200 feet away from the crosswalk.
"The video also shows the 2006 Nissan Pathfinder's headlights illuminating the pedestrian as [the car] approached. The pedestrian was wearing a white T-shirt and can be easily seen on the video as the T-shirt reflected the light of the headlights," reads a police statement of facts filed in Worcester Central District Court.
Lowell was struck by the Nissan. The impact of the crash propelled Lowell up onto the hood and windshield of the car and then onto the ground.
Using the surveillance video, police estimated that the Nissan was traveling at a speed of 42 miles per hour. Grafton Street is not speed zoned, and a "reasonable and proper" speed for the thickly-settled street is 30 miles per hour, court documents read.
Hamilton stopped and waited for police at the scene. Lowell was taken to UMass Memorial Medical Center, where she died.
Lowell suffered a traumatic brain injury and right leg fracture, according to court documents.
Gregory Benoit, Hamilton's attorney, said his client's cell phone received a text at the time of the crash, but that his client was not typing out a text message while driving.
"It was a tragic accident and Tyler's extremely remorseful," Benoit said Monday.
Police searched the Nissan and did not find a cellphone holder in the car, according to court documents.
"Hamilton claims he did not touch his cellphone when he got a text message alert and no holder in the vehicle would indicate he must have held it," police wrote. "If Tyler did not hold the cellphone in his hand, then he placed it on his lap (looking down), or placed it on top of the middle console (looking right), or placed it on the front passenger seat (looking right)."
Police also discovered that the car radio was on auxiliary mode with a wire that attaches to a cellphone present.
There was also half-eaten food found in the car, which indicates that Hamilton may have been eating while driving, police said.
When police arrived at the scene and began to investigate, Hamilton told the officers that he had just gotten out of work at the Post Office Pub restaurant in Grafton and was on his way home to Jennings Street.
Court documents list Hamilton's address as 137D Commonwealth St. in Worcester.
According to court documents, Hamilton told police, "I'm not gonna lie, while I was driving, I got a text message alert on my phone. I looked over to the right at the phone but did not touch it when all of a sudden I heard the bag. I never saw her!"
Then Hamilton began to cry and breathe heavily, police wrote.
Hamilton was taken to the Worcester Police Department. There, he was informed that Lowell did not survive the crash. Hamilton was given his Miranda Rights and he asked for a lawyer, police said.
At the site of the crash, the white paint of the crosswalks is in good condition, police wrote. There is also a yellow pedestrian crossing sign, as well as a "school" sign.
Street lights illuminated the roadway at the time of the crash, police said, and the weather was clear.
Worcester police announced that charges would be sought against the driver earlier this month. Hamilton appeared in court on Friday, when probable cause was found against him. The court documents detailing the charges against him were not available until Monday.
Hamilton is scheduled to be arraigned on Aug. 3 in Worcester Central District Court on charges of motor vehicle homicide by negligent operation, negligent operation of a motor vehicle, texting and driving, speeding and crosswalk violation.