Elderly Woman Struck By Car In August Dies; Concord Woman Charged

CONCORD, NH — A Concord woman could be facing elevated charges after the woman she is accused of driving into in a grocery store parking lot last summer died Saturday due to injuries she sustained in the crash. Erin McCarthy, 55, of Charles Street in Concord, was arrested on a vehicular assault charge in late October after an incident at the Shaw's Supermarket on D'Amante Drive in which she is accused of driving into Joan Kay Heath, 85, of Concord. Heath, according to court documents, suffered broken legs due to the crash.

McCarthy is accused of "using a propelled vehicle in a seriously blameworthy manner by driving said vehicle in a busy parking lot, failing to stop for, striking, and running over a pedestrian where the defendant's negligent operation of said vehicle materially contributed to the collision." According to reports, McCarthy was leaving the grocery store parking lot while Heath was exiting the store at just before 2 p.m. on Aug. 30, 2019.

Heath died on Saturday at the Hospice Center at Frisbee Memorial Hospital in Rochester.

Police investigated the incident and later, issued an arrest warrant against McCarthy on the assault charge as well as a citation for failure to exercise due care charge on top of the vehicular assault charge.

McCarthy retained R. Colin Sandiford of Sisti Law Office on Nov. 7. Sandiford requested a number of documents and evidence from the case including audio and visual recordings and witness statements. He filed a not guilty plea and a waiver of arraignment for McCarthy with Concord District Court.

Heath, according to family members, despite her age, was healthy before the incident but quickly deteriorated was unable to heal properly from the injuries. She left behind seven children, 19 grandchildren, and 14 great-grandchildren. Heath was born in Massachusetts but more to Concord at an early age and graduated from Concord High School. She worked at Bancroft Products and the Concord YMCA, where she was an aquatic director and avid swimmer, competing in the 50 Mile Swim Club.

Police and the city prosecutor are sending the case to the Merrimack County Attorney's Office for review as to whether or not charges against McCarthy will be elevated.

Sandiford did not return an email seeking comment about the case.

A court date is set for Feb. 11, 2020, in Concord District Court, presuming the aren't changed.

Editor's note: This post was derived from information supplied by the Concord Police Department and Concord District Court and does not indicate a conviction. This link explains the removal request process for New Hampshire Patch police reports.

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