Charge against Milford man in fatal crash dismissed

NASHUA – A judge dismissed a negligent homicide charge against Greg Cullen, 32, of Milford, who was involved in a fatal crash in Brookline last December.

Hillsborough County Superior Court Judge Kathleen McGuire granted defense attorney Michael Iacopino’s motion to dismiss the charge after a trial in Nashua last week. McGuire dismissed the charge before jurors deliberated.

Cullen was charged with killing Katie Hamilton, 30, in a crash on Route 13 the day before Christmas. Prosecutors said he was negligent when he glanced at the GPS map on his cellphone and rear-ended Hamilton, pushing her car into oncoming traffic.

McGuire ruled that “no reasonable trier of fact” could have found Cullen guilty following the state’s case. She said the state Supreme Court has ruled that inattentiveness doesn’t constitute negligence without other aggravating factors. The outcome of a crash because of distracted driving doesn’t factor into that equation “no matter how tragic,” she said.

That was essentially Cullen’s argument throughout the proceedings leading up to the trial.

McGuire also pointed out that Cullen’s statements to police and others were consistent throughout his questioning. He said he saw Hamilton’s car ahead of him with a left directional on and assumed she was turning. When he looked again, he realized she hadn’t turned but was unable to avoid the collision.

McGuire also pointed out that the state’s experts found he had no alcohol in his system, committed no other motor vehicle infractions and was obeying the 50 mph speed limit.

Hamilton, a mother of three young girls, lived with her husband, Liam, on Bond Street.