Harrell seeks pre-trial diversion for deadly wreck
A teen-age driver whose wreck last year claimed the life of a 16-year-old girl wants prosecutors to grant him a pre-trial diversion which would allow him to avoid a felony conviction and jail time.
The defendant, Nick Harrell, 18, has filed a petition asking prosecutors to grant a pre-trial diversion in his vehicular homicide and vehicle assault cases. Prosecutors say they will oppose his request, meaning the case will likely go through an appeal even before its scheduled trial date next year.
Harrell, then 17, is being tried as an adult for the wreck which claimed the life of Shannon M. Green, 16, and injured four other teen-age passengers who were riding in Harrell’s pickup when it slammed into a tree on Fred Hoover Road in the summer of 2003.
Prosecutors showed during Harrell’s juvenile transfer hearing that the teen was drinking and going nearly 90 mph when he lost control of his pickup.
Harrell maintains he was going much slower and that he had drunk just one beer. Harrell maintains he is remorseful for the tragedy in asking for the pre-trial diversion.
“I think about Shannon every day, as soon as I wake up in the morning and at night. I can’t go to sleep because she is on my mind,” Harrell wrote in his pre-trial diversion petition. “I was 17 and I made a terrible mistake. I wish I could bring her back.”
While the petition must be considered by prosecutors, District Attorney General Dale Potter said he will oppose it.
A pre-trial diversion, which is granted or declined by the district attorney, means the defendant does not have to enter a guilty plea to the charge. And, provided the person completes a probationary period without further crimes, the charges are dropped and all record of charges are erased from the person’s record.
The defense may appeal Potter’s opposition to the petition. If their appeal is not supported by the appeals court, they may then ask for a judicial diversion from Circuit Court Judge Bart Stanley. A judicial diversion differs in that the petitioner must enter a guilty plea and complete a probationary period without further charges before his record is expunged.
Any person charged with a crime, so long as it’s not a Class B felony or greater, or a sex crime, may request a diversion provided they have not served jail time or been granted a diversion in the past.
A hearing on the case will be held before Judge Stanley today.