East Kingston - General:

Man Who Struck Officer In 1995 Charged

Man Who Struck Officer In 1995 Charged With DWI
Police Say Man Doesn't Face Prison Time With New Charges

CHESTER, N.H. -- A man who struck and killed an East Kingston, N.H., police officer with his car 15 years ago has been charged with driving under the influence of alcohol.

Steven Balukas was pulled over on Route 102 in Chester on Jan. 15. Police said an officer saw Balukas driving 27 mph in a 40 mph zone and crossing over the center line. The officer said Balukas told him he shouldn't be driving, and when the officer asked why, Balukas allegedly said, "Because I don't have a license."

"He was given a series of tests, and he failed them and then was placed under arrest," Chief William Burke said.

According to court papers, Balukas couldn't remember his date of birth. In his report, the officer wrote, "I again asked him what his (date of birth) was, and he had to think about it for a few seconds and then told me in slurred speech, March 16, 1963." Balukas was actually born in 1962.

In September 1995, police said, Balukas was behind the wheel of his car when he struck and killed a police officer. The jury was unable to reach a verdict in the case, but Balukas later pleaded guilty to negligent homicide and received a suspended sentence.

Because that case occurred more than 10 years ago, Burke said the new charge could not be considered a subsequent DWI, which would bring the possibility of jail time. Burke said the case shows there is a loophole in the law the Legislature needs to close.

"It just shows you that a lot of these people continue to do what they were doing originally," he said.

Balukas has been charged with driving while intoxicated, driving after suspension and violating lane control. He is due in court on Feb. 3.