Dump truck driver faces charges in death of pedestrian in Newport

Deraway —
Published: 05-12-2025 11:14 AM
Modified: 05-12-2025 5:09 PM |
NEWPORT — A 38-year-old Grantham man who was behind the wheel of a dump truck when it struck and killed a pedestrian in a crosswalk in Newport last week was arraigned in Claremont District Court on Monday afternoon on felony charges.
The pedestrian was identified by police on Monday as Zachary Shepard, 34, of Newport.
Shepard suffered “multiple blunt force injuries” in the collision, according to police. First responders transported him to Dartmouth Hitchcock Medical Center, where he was pronounced deceased.
The dump truck driver, Charles Deraway, has been charged of negligent homicide and second-degree assault, both Class B felonies.
Police say Deraway was driving a 2016 Westerner Dump Truck owned by Barton Excavating Co., of Sunapee, eastbound on Central Street and attempting to make a right turn onto Sunapee Street when he failed to come to a complete stop at about 12:40 p.m. on May 7.
Police allege that Deraway failed to yield to Shepard, who was walking westbound and crossing Central Street at a designated crosswalk.
Shepard was dragged under the vehicle and “appeared to have serious bodily injury,” according to a police report prepared by Det. Sgt. Alexander Marvin of the Newport Police Department, who responded to the scene.
During the investigation, police reviewed security camera video footage that had a “clear view of the intersection,” Marvin wrote in the report about the incident.
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The video showed Shepard walking across Central Street when “the dump-truck that Deraway was driving comes through the stop sign, over the crosswalk and strikes him before continuing east on Sunapee Street … (the driver) did not stop at the stop sign, nor the cross walk,” according to Marvin’s report.
Deraway identified himself to police at the scene as the driver of the dump truck, Marvin wrote, but his account did not match the tape. According to the report, Deraway told the police officer that he “had looked both ways” at the intersection with Sunapee Street and not seen anyone “so he proceeded through the stop sign … when he felt a ‘bump’ and shortly after realized he had hit a pedestrian.”
According to the report, Deraway “insisted that he looked and he knew there was a crosswalk but that he had not seen the pedestrian and he had no idea where he came from.”
Asked by Marvin if he had been “distracted in any way,” Deraway told police no.
During a police interview at the Newport police station later that day following the fatal incident, Marvin informed Deraway that the video camera recording showed “he did not stop at the stop sign.”
In the interview, Marvin told Deraway: “I could not see any reason why (you) did not see the pedestrian.”
Deraway “told me again that he had been coming up the hill and that he looked at the crosswalk and there had been no one.
“He said he had looked to the left to see if any traffic was coming and theorized that if a person was super close to him that he would not have been able to see them,” Marvin wrote.
When Marvin pointed out again to Deraway that “he had not stopped at the stop (sign),” Deraway replied that it was “certainly possible he did not stop.” Although “he knew he had slowed down enough to look for traffic,” he said, “apparently he had not slowed enough to look for pedestrians as well,” the police report said.
Deraway appeared in orange prison clothes at his arraignment via video conference from Sullivan County House of Corrections.
District Court Judge Justin Hersh released him on personal recognizance pending a further probable cause hearing on May 20 in Newport District Court.
Meanwhile, Deraway is ordered not to operate a vehicle or to consume alcohol excessively, among other conditions.
At the arraignment, Deraway — who has no prior record in New Hampshire — was represented by Marc Hathaway, who recently retired as longtime Sullivan County Attorney and is now in private practice in Keene, N.H.
Hersh, the district court judge, had earlier served as a prosecutor under Hathaway in the county attorney’s office and raised the issue of a potential conflict of interest issue during the arraignment hearing.
“Your client doesn’t object to me presiding over the matter?” Hersh asked his former boss, Hathaway, from the bench.
No plea was entered by the defendant on Monday.
“This happened a short time ago. It is a tragedy for two families,” Hathaway said outside the courtroom following his client’s arraignment on Monday. “This kind of accident is horrific.”
Because the charges Deraway faces are felonies, the case will be “bound over” to Superior Court if probable cause is found at the next court hearing, barring a “resolution” before then, according to Hathaway.
The New Hampshire State Police Collision Analysis and Reconstruction Unit, New Hampshire State Police Troop G and the Sullivan County Sheriff’s Office assisted Newport Police in the investigation, which police said is ongoing.
Anyone with information about the incident is encouraged to contact Det. Paul Beaudet at pbeaudet@newportnh.gov or 603-863-3232.
Contact John Lippman at jlippman@vnews.com.