State of New Hampshire v. Chad Belleville, 166 N.H. 58

Belleville was convicted of second degree assault after a bench trial for recklessly causing serious bodily injury during a December 23, 2010 motor vehicle collision on Route 28.
The collision involved crossing two sets of double yellow lines into the oncoming lane, hitting multiple vehicles and injuring a child.
Evidence showed Belleville looked down to check a text message at the time of the accident and later erased his call history.
Cellphone records indicated incoming text messages and calls before the crash and none during the immediate pre-crash period, aligning with his later admission of checking a text.
Police reconstructed the crash, found no mechanical vehicle fault, and determined the collision resulted from Belleville’s driving across the median into oncoming traffic.
Belleville argued the evidence did not prove recklessness beyond a reasonable doubt; the trial court denied the motion to dismiss and rendered a conviction on both counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence proves recklessness for second degree assault	State contends Belleville actedrecklessly	Belleville argues conduct was not recklessly disregarding substantial risk	Yes; evidence could support recklessness beyond a reasonable doubt

State v. Hull, 149 N.H. 706 (2003) (recklessness requires awareness and conscious disregard of substantial risk)
State v. Evans, 134 N.H. 378 (1991) (assessment of recklessness involves surrounding facts and circumstances)
State v. Pelky, 131 N.H. 715 (1989) (driving close to risk can support recklessness under appropriate facts)
State v. Donohue, 150 N.H. 180 (2003) (criminal code derived from MPC; recklessness defined with substantial risk disregard)
State v. Germain, 165 N.H. 350 (2013) (circumstantial proof of recklessness required to exclude reasonable alternatives)