Attorney: Health Condition, Not Impairment, Caused Fatal Crash
DOVER, NH – The attorney for Paul clement argued in Strafford County Superior Court on monday that a pre-existing health condition, not intoxication, caused the November 2025 crash that killed Air National Guard Chief Master Sgt. John Souza. Clement is on trial for negligent homicide and driving under the influence.
The defense did not dispute clement’s blood alcohol content (BAC) of .123, recorded four hours after the incident - exceeding the legal limit of .08 – but asserted that hyponatremia, a condition characterized by low sodium levels, considerably impacted his balance and contributed to the accident. souza, 48, died after being struck by Clement’s vehicle while walking on the side of the road, just three minutes from his home.
Attorney Andrew cotrupi told the court Clement, a man of routine, had for years ignored health warnings and maintained a poor diet consisting of excessive caffeine and insufficient water. He stated a medical exam conducted three days after the crash confirmed the hyponatremia diagnosis, requiring a month of treatment for clement to recover.
“By all accounts Paul is a good man,” Cotrupi said. “Paul lives with the knowledge this accident killed a man.”
Cotrupi further suggested investigators focused solely on Clement’s alcohol consumption,overlooking other potential causes for his behavior. Witnesses from Club Victoire, where clement had been drinking, are expected to testify that he did not appear impaired. The club was previously fined by the New Hampshire Liquor Commission’s Enforcement Division for serving clement in connection with the fatal incident.
Clement, who has no prior arrest or citation record, had been living with his son, Paul Jr.,who had moved in to provide care due to his father’s declining health and balance issues.
