Peter Moore, Accident Victim
Posted in the Pittsfield Forum
#1 Jan 8, 2012
"Cloud surrounds alleged hit-and-run"
By Andrew Amelinckx, Berkshire Eagle Staff,
Saturday January 7, 2012
PITTSFIELD -- A car owned by a chief probation officer and driven by his daughter is at the center of a police investigation into an alleged hit-and-run accident early last month that left a man with severe injuries.
The Pittsfield Police obtained a search warrant to look for any evidence that might definitively tie the 2001 Subaru Forester registered to Clifford J. Nilan and driven by his 24-year-old daughter, Meredith, to a hit-and-run accident on Winesap Road in Pittsfield on the evening of Dec. 8.
Peter Moore, who was hit by a car while jogging with his dog, suffered a fractured calf bone and a broken vertebrae, a bruised colon, trauma to the left side of his body, a concussion, and abrasions "from head to toe."
Attorney Timothy J. Shugrue, who is representing Meredith Nilan and who he called "a great kid," said it is an ongoing investigation and no criminal charges have been filed.
The search warrant documents, which were issued from Southern Berkshire District Court in Great Barrington, were obtained by The Eagle on Friday. Mr. Nilan is chief of probation at Berkshire Superior Court in Pittsfield.
Police officers did look at and photograph the car the day after the accident, according to the warrant, but Shugrue denied police a second, more thorough examination without a search warrant.
Police Sgt. Mark B. Trapani, writing in his application for a search warrant on Dec. 14, stated that denial was among the reasons police needed a court’s permission to search the Subaru. The car was being kept in the Nilans’ garage at the time the search warrant was requested.
Police have not released any information on what, if anything, was obtained from the search of the car. The warrant indicated they’d hoped to look at the Subaru to search for blood, skin or hair that could determine if it was the Subaru that struck Moore, and to check the car’s data recorder to see how fast it might have been going at the time.
"[I]t is not an absolute fact at this time that it was Nilan’s vehicle that struck Moore," Trapani stated in the search warrant documents. "A more detailed search of the vehicle will determine this to a certainty."
Meanwhile, images of the Subaru viewed by The Eagle show a head-sized hole in the lower-right center of the windshield and large dents in the hood.
In the search warrant documents, Trapani pointed out "there have been inconsistencies between Moore’s account and Nilan’s account of the time of the accident, as well as where the accident occurred." However, he said while the inconsistencies may have been "inadvertent," there was no way to tell for sure without examining the vehicle.
#2 Jan 8, 2012
(Continued from above)
What is known is that about 8:15 p.m. on Dec. 8, Peter Moore of 101 McIntosh Drive was jogging with his dog along Winesap Road when he saw a vehicle coming at him at a high rate of speed. He threw his dog out of the way and dove out of the way to try and avoid the vehicle, according to the search warrant documents.
Dazed after being hit, Moore got up and walked a little more than a quarter-mile to his home on McIntosh Road, where he went to bed. Neither he nor his wife called police to report what happened. However, Moore woke up a few hours later in extreme pain and went to Berkshire Medical Center to be treated.
The morning after, Berkshire Medical Center contacted police to say they were treating Moore who’d been hit by a car the night before. That day, due to his concussion, Moore was unable to provide police with a description of the vehicle that hit him, according to the search warrant records.
The police indicated that Meredith Nilan told them she struck something near the intersection of McIntosh Road around 9 p.m. She told police she got out of the vehicle, checked around, but saw nothing. She went home and later went back to the scene with her father "to look for what was struck and could not find anything," the police information stated.
They returned home and Clifford Nilan called police around 9:30 p.m. to report that his daughter had hit "either a dog or deer on Winesap Road near their home," according to court documents.
"She didn’t know what she hit," Shugrue said.
Police visited the location where Meredith Nilan said her accident occurred but couldn’t find any signs of one.
Moore told police he was hit on Winesap Road near East Street. Police visited that scene and determined it was the "actual location for the accident." There, police found what appeared to be "a large amount of apparent blood in the roadway and also what appear[ed] to be a small amount of dog fur" near 6 Winesap Road, which is close to East Street where Moore said he was hit.
According to Shugrue, the Nilans did everything right that night. They scoured the scene looking for any evidence of what Meredith may have hit, as well as reporting the accident to police and waiting for law enforcement officers, who, Shugrue claimed, never showed up at the Nilan home on the night of the accident. Meredith Nilan also cooperated by speaking with police about her accident the following day, said Shugrue.<<<<<
#9 Jan 8, 2012
Each of those in attendence at the BYP Network Social Happy Hour at Allium should be questioned by police as to whether they observed Meredith Nilan consuming alcohol and just how much they saw being consumed.
From BYP's Facebook page, here is a complete list of the attendees photographed at Allium Restaurant on December 8th, 2011 (in case BYP decides to take down its pictures what with all the 'heat' on one of its members):
Alfred E.'Alf' Barbalunga,
#10 Jan 9, 2012
in the night or the middle of a sunny day. I'm pretty sure Pittsfield's finest deploy their swat and csi gang members for crimes that never happened.
#12 Jan 9, 2012
Why do they keep blowing the Topix site away. Makes you wonder.
#14 Jan 9, 2012
Wish I'd thought of doing this!
#15 Jan 9, 2012
It would not be uncommon to get a warrant from a court that is disassociated from Nilan. Actually, I'm surprised they didn't go outside of Berkshire County entirely.
I find it strange that, if the police never came to his house, Nilan didn't call back the police to inquire about the delay. Who knows of any insurance company that does not mandate a police report for such considerable damage??? What the hell were they going to do - file a chipped windshield claim???
Now, since we all know the insurance company's position on police reports, and assessing the Nilan's asserted claim that she hit a dog or deer, it doesn't make any sense (for their insurance claim standpoint) that the Nilan's would not insist the police come to their home that night, or why they denied the police access to the car the next day).
As for "professional suicide", I feel sorry for the cop(s) who are investigating this (and their families). On one side you have negligence and dereliction and on the other side you have the political consequences. Most of you have stated your opinions of "corruption".
We all know there would be "fall out" if any cop pursued this to the fullest extent of the law. What's their motto -- Dedicated to Excellence???
#17 Jan 9, 2012
I'm sure Mr. Moore has at least contemplated obtaining an attorney. He's bound to get a settlement from Shagrue/Nilan with a civil suit. The police will probably be listed as a defendant in the civil suit as well due to their reluctant response, half-assed "investigation" and plodding along.
Does anyone know if the Nilan family are Catholic? M is about the right age that, if she is Catholic (as part of her "Confirmation"), would have had to watch a video about "reconciliation" whereby a drunk driver did a hit and run.
Mrs. Nilan - this matter (what your daughter and husband did) reflects on you, too!!! Better hope you don't have to face Msgr. Bonzagni!!! Actually, under Catholic law, due to the grievousness of your, your husband's and your daughter's sins, you have to do your confession before the Bishop himself.
Good Luck on Judgement Day if you don't "reconcile" these multitudes of grievous sins and DON'T deminish or diguise them any further. This includes YOU, Mrs. Nilan!!! Your silence bears False Witness against Mr. Moore, and you'd be in a State of Grace for bearing truthful witness against your husband and daughter -- or, would you rather be known, humanly, as the Hypocrite Catholic!
Take the unfair burdens off the police and come forward, Mrs. Nilan!!!
#18 Jan 10, 2012
Makes one wonder what has occurred over the many years that will never be known?
#19 Jan 10, 2012
City Councilwoman Melissa Mazzeo lives within blood spatter distance from this hit and run. Why isn't she calling for the removal of Chief Wynn. Just another screw-up that affects the public. Cops trafficking in steroids, shooting a man (home owner) in the woods behind his house wearing 1 shoe, a t-shirt, at 2am in the middle of winter. Both of these were covered up by Capeless and Wynn. I hope she doesn't walks her dog on Winesap, too dangerous. Somebody has to clean up this city, but who, Bianchi? I'm not holding my breath.
#20 Jan 10, 2012
well maybe you could do it big shot....
#21 Jan 10, 2012
Look at the bright side of the picture, Vergil -- at least the deer are safe in that neighborhood!
#22 Jan 10, 2012
I'll leave that up to the cops. They are already pretty good at it.
#23 Jan 11, 2012
Well Michael Wynn made the streets safer when he hunted down the wild turkeys, opened fire in downtown Pittsfield and shot them to death. Or was it shot one to death and stomped one to death?
#24 Jan 11, 2012
Finally the whole truth and nothing but the truth straight from the snake tongue of Pittsfield's worst nightmare.
#26 Jan 11, 2012
We don't know what the 2 charges are, but I suspect the 1st is Leaving the Scene of a Personal Injury Accident and the 2nd is Obstruction of Justice (or maybe Making a False Police Report).
For any of you who might be connected to the police, there's ALSO a civil penalty for not submitting the collision report ($1,000 or more in damages, including injuries) within 5 days.
My guess is that Shagrue will hinge M's defense on the citation not given at the time of the initial report, or that it was unreasonably delayed. Both, unfortunately, are legitimate defenses stipulated by the Supreme Court that could result in dismissal of the charge.
I'm still curious about the type/breed and color of Moore's dog, and whether it might have been wearing a reflective device.
#27 Jan 11, 2012
I would just like to say that I hope Mr Moore has a speedy and full recovery from this sad event. And please do not lose faith in humanity as not all people are like those who harmed you and tried to cover it up.
#28 Jan 11, 2012
Mr. Moore stepped out in front of the vehicle. Don't twist the facts.
Meredith thought it was an animal because he looks like an animal. Get your facts straight.
#29 Jan 11, 2012
Centaur? Satyr? Faun? Tim Shagrue didn't mention this. BYP must have been serving some pretty powerful and potent stuff that night!
#30 Jan 11, 2012
It is all Peter's fault and not Meredith's.
Its only a misdemeanor so watch, she will be vindicated.
Hey, she didn't kill him. Its no big deal.
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