Judge Overturns Pittsfield Hit-and-Run Ruling
Meredith Nilan, the daughter of Berkshire Superior Court Probation Chief Clifford Nilan, will face charges of leaving the scene of personal-injury accident and negligent operation of a vehicle. Nilan is being charged with hitting 45-year-old Peter Moore on Winesap Road with her father's Subaru Forrester on Dec. 8, 2011.
Initially, Westfield District Court Assistant Clerk-Magistrate Nathan Byrnes ruled that there was insufficient evidence to charge Meredith Nilan but Pittsfield Police appealed the decision. On Friday, Springfield District Court Judge William Hadley overturned the decision made by Byrnes, who was brought in to avoid conflict of interest.
Nilan allegedly left the scene of the crime and police records indicate that Clifford Nilan reported the incident and said his daughter believed she hit a "deer or dog." Moore, who had been walking his dog, did not seek medical attention until early the next morning. He was treated for a traumatic brain injury, a broken neck and a fractured calf bone.
The show-cause hearing held by Byrnes had included Nilan's attorney, but no representation for Moore.
"Although much of what is alleged here is circumstantial in nature, after considering the allegations and applying the relatively low threshold required to establish probable cause, I find that the complainant is entitled to a redetermination, and the application for a criminal complaint is allowed," Hadley said in the ruling.
Springfield Ruling in Nilan Case 2012
Pittsfield Police Report in Nilan Case 2012