N.H. Family Sues Liquor Commission, Homeowner Over Drunk Driving Death

The family of a New Hampshire man killed in a drunken driving crash two years ago is suing the state Liquor Commission and the woman who owns the home where his friends were drinking that night.

Randy Holmes, 24, was a passenger in a friend’s car when it crashed in September 2004. The driver, Matthew Kincaid, then 20, was charged with negligent homicide and is scheduled for trial next month.

Holmes’ family accuses the state Liquor Commission of illegally selling alcohol to Kincaid. The suit also names Mildred Dore, 83, whose grandson invited the other young men to her home.

According to court records, someone at the state liquor store in Hooksett sold vodka, rum and brandy to Kincaid, which the men drank at Dore’s home. Late that night, another relative living in the house woke up Dore to tell her her grandson was having a loud party, leading to a confrontation in which Dore told the men to leave.

With Kincaid driving, the car hit a telephone pole going 53 mph in a 30 mph zone, according to court records.

Attorneys for Dore and the state Liquor Commission are fighting the lawsuit. They dispute allegations that a liquor store employee sold alcohol to Kincaid, and they disagree that Dore should be held responsible for the crash.

In a recent court filing, Dore’s lawyer argues that a 24-year-old in the group actually bought the alcohol legally and that since Dore did not invite the men to her home, she had no obligation to protect them. Dore denies that her grandson was living with her and says that he let himself into the home by climbing through a window.

Dore also said she told her grandson to leave because he was with a girl, not because there was a party going on.

Kincaid, who has since graduated from the New Hampshire Technical Institute, has been free on bail.

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Information from: Concord Monitor, http://www.cmonitor.com