A Hempstead County Circuit Court judge has agreed to delay trial of a Prescott man accused of negligent homicide in the death of a Tennessee woman, but with a stipulation.
Eighth Judicial District-North Circuit Judge Randy Wright granted a trial continuance for John David Coe, 36, of Prescott, to provide time for a forensic engineer to complete a report which Coe's attorney says is critical to his defense.
Coe was to go on trial Monday in connection with a Nov. 16, 2012, accident which occurred on Interstate 30, killing Kathryn Nevil, 28, of Franklin, Tenn., and injuring her two children who were riding with her.
Based upon a letter submitted to the court by forensic engineer Rocky Ford, Malvern attorney Louis Loyd contended in an Aug. 16 motion for continuance that, “The expert is in need of additional time in order to deliver the report to the Defendant and this Court.”
Wright agreed with the delay, but requires in the court docket that Ford's report must be on file in Hempstead County by Sept. 30. Wright set a new trial date for Nov. 12.
Ford and his employer, EFI Global, Inc., have been retained by the defense to examine and report on the Event Data Recorder information from Nevil's 2002 Chevrolet Suburban.
Coe is charged with one count of negligent homicide; one count of first degree battery; two counts of aggravated assault; two counts of aggravated assault on family or household members; possession of a controlled substance (marijuana); and possession of drug paraphernalia in connection with the Nov. 16, 2012, accident.
Enhanced charges were brought against Coe as a “large habitual” offender on all of the charges relating to the Nevil family, his previously having been convicted of four or more felonies, according to court filings. Enhanced charges are also being sought against him in connection with the injury of two children who were riding with Coe at the time of the accident.