HAVERHILL (CBS/AP) — A first-of-its-kind trial began in Haverhill on Tuesday.

WBZ NewsRadio 1030’s Carl Stevens reports.

Prosecutors say 18-year-old Aaron Deveau is be the first person to be tried on a charge of motor vehicle homicide while texting.

In opening statements, prosecutor Ashlee Logan told jurors that Deveau, then 17, was texting when his car smashed into one driven by Donald Bowley, killing the New Hampshire father of three and seriously injuring Bowley’s girlfriend.

“You will have an opportunity to review the defendant’s cell phone records. And in his cell phone records, you will see the defendant sent and received 193 texts on February 20th of 2011,” said Logan.

Bowley died 18 days later in the hospital. Prosecutors said he died from injuries suffered in the crash.

Logan said Deveau didn’t mean to cause the accident, but his “intent is irrelevant.”

“What is relevant is what did the defendant specifically (did) while he drove his car,” said Logan.

Meanwhile, Deveau’s defense attorney admitted that his client, a teenager, texted a lot, but said there’s no evidence that the teen was texting at the time of the crash.

Deveau’s lawyer has said there is no evidence the crash caused Bowley’s death. Deveau told police he swerved to avoid a vehicle in front of him that slowed down. He has pleaded not guilty.

(TM and © Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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