EagleTribune.com, North Andover, MA

Merrimack Valley

February 16, 2014

City mulls penalty for restaurant

Board awaits crash review after driver told cops he was drinking there

(Continued)

“People like you and you’re a friendly guy,” Edwards told Hans at a November 2012 meeting. “But you serve too many drinks to too many people.”

In the incident involving the pedestrian who was hit, Sanborn, 21, was arraigned Jan. 21 in Lawrence District Court on charges he struck Diaz with his Ford F-150 pickup while driving drunk.

Officers at the scene said they smelled alcohol and urine on Sanborn, who told police he had been drinking at Hans Garden prior to the accident, according to court papers.

Diaz, who was walking at Haverhill and Warren streets in Lawrence when he was struck by Sanborn’s truck, was thrown 20 feet into the air after Sanborn “plowed” into him at 9:23 p.m., according to police and court reports.

Diaz was listed in “extremely critical condition” at Beth Israel Hospital with head injuries, including brain swelling, prosecutor Lindsay Nasson said at Sanborn’s arraignment.

Sanborn, of 281 S. Road, Kensington, N.H., refused to take field sobriety tests and was charged with drunken driving, negligent operation and drunken driving resulting in an accident with serious bodily injury. Prosecutors said that during booking at the Lawrence police station, Sanborn “made extremely hateful and racist remarks” about Diaz.

When Sanborn was brought into the courtroom, Diaz’s family members, including his mother, siblings and cousins, sobbed loudly. Prosecutors asked for bail to be set at $25,000, but when Judge Kevin Gaffney set it at $15,000, Diaz’s family members started yelling as they left the courtroom.

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