EagleTribune.com, North Andover, MA

Merrimack Valley

December 4, 2013

Vehicle homicide charged in May fatality

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Police observed “blood pools” at the scene of the crash. They collected blood samples, along with a gray striped shirt and a lone sneaker found in an unpaved area at the edge of the lot.

According to reports, Hayes had gone to the apartment complex to pick up his 3-year-old daughter from the child’s mother at her request. The child was inside the vehicle as it allegedly ran over Linscott. Hayes told police that as he drove there just after midnight, he received calls from the girl’s mother with pleas for help. He told officers he could hear Linscott throwing and smashing items.

Both Hayes and the child’s mother, also interviewed by police, told officers that Hayes had entered a side door to avoid Linscott. Still, the two “exchanged words” before Hayes carried his daughter outside to his 2013 Dodge Avenger and strapped her into a car seat. The mother later told police that Linscott had challenged Hayes to a fight. She brought a diaper bag to the vehicle and Linscott followed, each interviewee said.

The child’s mother initially told police she had not witnessed Hayes striking her boyfriend with the car. But, in an interview 11 days later, she told officers that she had turned and seen Linscott under the car and then watched as Hayes backed over him.

Two additional witnesses, not involved, told state police they heard the mother scream, “You hit him.” One of them reported hearing Hayes respond, “He was coming at me; that’s why I did it.”

Hayes told police he yelled out for the child’s mother to call 911.

The case returns to Gloucester District Court for a motions hearing on Dec. 17, during which Hayes will be represented by court-appointed defense attorney Thomas O’Shea.

Marjorie Nesin can be reached at 978-675-2710, or at mnesin@gloucestertimes.com.

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