Harrell ordered to stand trial for deadly crash
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The request for pre-trial diversion for defendant James Nicholas (Nick) Harrell, now 19, was turned down Wednesday by Circuit Court Judge Bart Stanley. He will now likely appeal the decision to the Court of Criminal Appeals even as his trial date of May 31 approaches. A pre-trial diversion would have allowed Harrell to escape any criminal responsibility for the fatal wreck so long as he did not go astray of the law during the pre-trial diversion period.
Harrell faces charges of vehicular homicide and vehicular assault for a wreck in the summer of 2003 on Fred Hoover Road near Viola which claimed the life of passenger Shannon M. Green. Harrell, who was 17 at the time, will face trial as an adult because his case was transferred to circuit court by the juvenile court.
Prosecutors maintain Harrell had been drinking and his truck was traveling about 90 mph jumping hills on the rural road when he lost control and struck a tree. Harrell and all his passengers were injured and Green killed in the crash. Harrell disputes the speed, saying he thought he was traveling 45 mph. His passengers are split on the speed, some agreeing with Harrell and some saying he was traveling 90.
Harrell, supported by numerous family and friends in the court gallery this week, had aimed for a pre-trial diversion which would have avoided the upcoming trial. Harrell pointed to his clean criminal record leading up to the recent charges.
“I was 17 years old and made a terrible mistake that I wished had never happened,” Harrell wrote in his request for pre-trial diversion. “I wish I could bring her back.”
Prosecutors maintained allowing him to escape without taking responsibility for the tragedy would send a bad message. Prosecutors say Harrell’s continued claims he was traveling 45, despite scientific evidence to the contrary, shows he still has not accepted responsibility for the incident.
“To reward such behavior with a pre-trial diversion would have no deterrence,” said District Attorney General Dale Potter in resisting the pre-trial request.
Barring a hold on the case by the court of appeals, Harrell will go to trial May 31. However, even a conviction would not necessarily mean jail time as Harrell would still have a right to request a judicial diversion even after conviction.