No decision on bond in Caleb Kennedy’s felony DUI death case
No selection on bond was manufactured Thursday by the decide overseeing the felony DUI dying situation involving previous American Idol contestant Caleb Kennedy of Roebuck.
At a bond hearing requested by Kennedy’s lawyer Ryan Beasley, 7th Circuit Court docket Decide Grace Gilchrist Knie mentioned she will deliberate prior to sending her conclusion by electronic mail to 7th Circuit Courtroom Solicitor Barry Barnette and Beasley.
“I am going to draft composed guidance for the buy,” Judge Knie claimed for the duration of the virtual bond listening to. “I know this is particularly vital to every person. I am heading to give this serious thought. I will problem a determination as immediately as I can, hopefully in the up coming working day or two.”
Beasley requested that a $20,000 bond be established for the reason that Kennedy cooperated with legislation enforcement subsequent the Feb. 8 crash that killed 54-12 months-old boat repairman Larry Duane Parris of Pacolet in his driveway together West Murph Highway.
After the hearing, Beasley claimed he is confident Choose Knie will release Kennedy on bond.
“She appreciates as very good as anybody this child really should have gotten a bond,” Beasley stated. “I would be shocked if (Kennedy) failed to (get bond).”
Barnette declined to comment following the hearing.
Kennedy, 17, of Roebuck, was billed with felony DUI resulting in demise and has been held with no bond at Spartanburg County Detention Center given that the incident. He faces up to 25 several years in prison and a fantastic of $10,100 to $25,100 if convicted.
Barnette stated Kennedy admitted having a hit that day from a vape pen that contained cannabis prior to the crash.
At preceding bond hearings, judges stated they would only consider a bond request right after the toxicology report for Kennedy is acquired from the S.C. Law Enforcement Division.
Toxicology report reveals THC, Prozac
Beasley mentioned he gained the report, which confirmed “only trace quantities of THC and Prozac.”
Barnette reported the report confirmed the existence of 1.5 nanograms per milliliter of THC, as well as 66 grams of Prozac.
“He only took one particular strike from a vape pen,” Beasley explained to Decide Knie. “You won’t be able to inform regardless of whether he was impaired from the THC or the Prozac.”
Throughout Kennedy’s courtroom appearances, the South Carolina chapter of Moms Against Drunk Driving has opposed bond for Kennedy, at the ask for of the Parris family members.
Steven Burritt, regional executive director, reported that in contrast to liquor, in which a blood/liquor content of higher than .08{a73b23072a465f6dd23983c09830ffe2a8245d9af5d9bd9adefc850bb6dffe13} is unlawful, condition regulation does not established a degree that decides how much THC in a man or woman is illegal in a DUI situation.
“The main DUI law that is utilised in our point out does not even condition .08 blood-liquor articles is the conventional,” Burritt explained. “It only claims that the human being are not able to be ‘materially and appreciably impaired.’
“Persons can definitely get convicted of DUI with less than a .08 BAC and even if alcohol is the only point in their technique. That is section of why the legislation however operates even if it is really a drugs-only problem – demonstrating they were materially and appreciably impaired is still the objective.”
Caleb Kennedy timeline:From American Idol to felony DUI cost, jail, immediately after lethal wreck
Related:Next Caleb Kennedy’s felony DUI resulting in dying, problems increase about vaping security
Lawyer: Caleb Kennedy ‘is good mentally’
In arguing for bond, Beasley reported right after the crash, Kennedy “remained on the scene … he was holding Mr. Parris in his arms, apologizing profusely. Caleb is not a flight hazard or a hazard to the group.”
Beasley claimed if Kennedy is introduced on bond, he would stay with his mother, post to a mental wellness assessment and carry on to get treatment from his physician.
“He is great mentally at this time, finding procedure on a normal foundation,” Beasley reported.
Larry Parris’ widow asks for no bond
Throughout the listening to, Parris’ tear-stuffed widow spoke briefly, inquiring that no bond be set.
“He killed my partner,” Donna Parris stated.
Barnette also questioned that no bond be established, indicating Kennedy remains “a feasible hazard to the local community … he is a attainable threat to himself.”
Beasley, in inquiring for the bond, identified as the incident “a terrible, horrible accident.”
“He was on his way to see his girlfriend in Union … had a terrible response,” Beasley explained. “We are talking about a freak circumstance in the middle of the day. It would make no feeling.”
Attorney:Caleb Kennedy dealt with unfairly because of American Idol fame
Beasley cites 2 modern felony DUI circumstances
Beasley said he is noticed worse felony by DUI circumstances the place bond was granted. He cited a circumstance dealt with by Barnette previous September in which a 17-12 months-outdated male from Greenville was billed with felony DUI death.
Jackson Smith was arrested just after a crash that remaining a 20-calendar year-previous lady dead. Smith’s blood-liquor stage was .184, extra than twice the lawful restrict of .08, in accordance to prosecutors.
“Jackson Smith was caught on digicam dashing absent from officers at 4 a.m. and smashed into the back of yet another car, killing 20-calendar year-old Lizette Soto Diaz,” Beasley explained.
The judge established a $40,000 bond in that scenario, positioning Smith underneath residence arrest with GPS checking.
“The info in the Jackson Smith situation had been considerably far more egregious than Caleb’s circumstance,” Beasley mentioned.
Barnette responded by saying that situation was a lot diverse than Kennedy’s case, and that all instances are diverse.
Get hold of Bob Montgomery at bob.montgomery@shj.com. Be sure to support our protection of Spartanburg County with a electronic membership.
