BRENTWOOD, N.H. (AP) — A driver has been accused of hitting and killing a flagger directing traffic at a road repair site in Derry, New Hampshire, police said.

Kevin Nagle, 49, was charged with negligent homicide; negligent homicide while under the influence; and reckless conduct. He waived his arraignment Friday and entered a not guilty plea. He was represented by a public defender.

The flagger, George Theriault, 73, of Manchester, was hit and taken to a hospital Thursday morning. He died hours later.

Police said in court documents that Theriault was “dressed in high visibility clothing” and had a stop/slow sign in a construction zone marked by orange cones.

Police said in the court documents that Nagle said he used multiple prescription drugs on Thursday morning. He completed sobriety tests and “exhibited clues which indicated impairment,” according to the report.

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