Mattapan man convicted of running down pedestrian while drunk
Dervin Hibbert, 54, faces up to 15 years in prison following his conviction today on charges he drunkenly drove a minivan backwards down Cummins Highway on Nov. 23, 2013, hitting and dragging Walter Harris to his death, the Suffolk County District Attorney's office reports.
The jury found Hibbert guilty of motor vehicle homicide while operating under the influence; it deadlocked on convicting him of the more serious charge of motor-vehicle homicide.
According to the DA's office:
Assistant District Attorney Ryan Mingo of the DA’s Major Felony Bureau introduced evidence and testimony to prove that Hibbert was intoxicated and behind the wheel a Mercury Mountaineer at approximately 8:30 p.m. on Nov. 23, 2013, when he pulled over and briefly stopped the vehicle in front of a Cummins Highway liquor store. He then accelerated in reverse and onto the sidewalk, traveling several car-lengths while on the sidewalk and into a fire hydrant, knocking it from its mounting. Hibbert continued in reverse, striking Harris as he stood outside a minivan speaking to its occupants and dragging his body several feet, the evidence proved.
Hibbert then attempted to travel forward while still on the sidewalk but was stopped by witnesses. Blood tests performed at Brigham and Women’s Hospital after the crash showed that Hibbert's blood alcohol content was .141, well above the legal limit to drive.
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Comments
severity
Why is it less serious to kill someone while drunk than while sober?
Is that right?
Is this some old Boston Irish thing?
No, it's a douchebag thing.
No, it's a douchebag thing.
I Think It's a Scrivener's Error
He was indicted for motor vehicle homicide while operating under the influence (negligence) and motor vehicle manslaughter (recklessness). The jury convicted on the former but deadlocked on the latter.
The same reason everyone uses for being drunk
a lack of intent.
Unless one did not intend to drive while drunk...
.... this mitigation shouldn't really exist.
It's not
The names of the crimes appear to be misleading and Adam could probably have written them better.
He was convicted of MV Homicide while OUI. A felony that gets 1-15 years.
He wasn't convicted of Manslaughter (by way of OUI driving). It has basically the exact same criteria as the MV Homicide while OUI charge, but carries bigger sentences (5-20 years, possible lifetime license suspension).
My guess is a portion of the jury either felt compassion or a twinge of vicariousness in that it "could have been them" and chose to give the lesser of the two felonies instead of identifying more with the victim.
http://www.urbelislaw.com/motor-vehicle-homicide-manslaughter-by-motor-v...
Juror here...
It's actually way dumber than that — it was 100% semantics in the law that hung up a few jurors on the higher charge. We discussed the meaning of 2 words for 3 days. If the state tried him again (which they can) there's no doubt in my mind that he'd also be convicted of the harsher charge. Just particularly annoying jurors on this one.
Damn
That sounds like a tribulation to go through. Thanks for your duty though.
I see I'm not the only one
...rendered speechless by this unexpected news