Shelbyville, Tennessee · Friday, November 20, 2009
[SeMissourian.com] Fair ~ 61°F  
High: 66°F ~ Low: 43°F
Print Email link Respond to editor Read comments (10) Share link

Merritt pleads guilty to Misch accident death

Sunday, November 1, 2009

(Photo)
Claude Merritt stands with defense attorney Jack Dearing before Circuit Court Judge Robert Crigler at the Moore County Courthouse Friday.
(T-G Photo by Brian Mosely)
[Click to enlarge] [Order this photo]
LYNCHBURG -- A Shelbyville man pleaded guilty Friday to aggravated vehicular homicide in an accident that claimed the life of Mildred Misch over a year ago.

Claude David Merritt, 66, appeared before Circuit Court Judge Robert Crigler at the Moore County Courthouse to make his plea. Merritt was previously scheduled to stand trial for the death on Nov. 7 and 8.

According to assistant district attorney Mike Randles, the plea took place in Moore County "because this was the day the court could get everything done."

Merritt will be sentenced on Dec. 21, and Crigler said Merritt could face from 15 to 60 years for the Class A felony. Merritt was taken into custody after making the plea.

Randles said that two counts of reckless endangerment and driving on a revoked license, third offense, were dropped as part of the plea agreement with Merritt.

"He's pleading to the most serious charge," Randles said. "Speaking with the family, they're in agreement with resolving the case this way."

The accident, which happened on Oct. 17, 2008, occurred in front of Heritage Medical Center when Merritt's van struck a station wagon in which Misch was a passenger. Police said at the time that Merritt "didn't know what had happened."

Merritt also had veered into the path of the vehicle driven by James Earl Hill Jr. Hill and another passenger, Susan Martin, were treated at Heritage after his car ran off the roadway, down an embankment and into a field following impact, police said at the time.

Randles said that Merritt had a blood alcohol level of 0.11 and also had traces of the drug diazepam in his system.

Misch was airlifted to Vanderbilt Medical Center's trauma center after initial treatment at Heritage, and was in the Intensive Care Unit for 11 days. Following that, she was transferred to another hospital and had to rely on a ventilator and feeding tube for survival. She was eventually transferred to a nursing home in Michigan, where she died in April from the injuries she suffered last year.

Randles also stated that Misch never regained consciousness after the accident.

The indictment against Merritt, handed down in May, said that death was the result of his intoxication and that he had three prior DUI convictions. Merritt was initially charged with DUI (fourth offense) and driving on a revoked/suspended license and admitted to police he had consumed several beers.

During the plea, Merritt told Crigler that he may be guilty of homicide in the death, "but not the aggravated part."

However, Crigler explained to Merritt that his previous DUI charges resulted in the charges of aggravated vehicular homicide.


Comments
Note: The nature of the Internet makes it impractical for our staff to review every comment. If you feel that a comment is offensive, please Login or Create an account first, and then you will be able to flag a comment as objectionable. Please also note that those who post comments on t-g.com may do so using a screen name, which may or may not reflect a website user's actual name. Readers should be careful not to assign comments to real people who may have names similar to screen names. Refrain from obscenity in your comments, and to keep discussions civil, don't say anything in a way your grandmother would be ashamed to read.

Mr. Merritt finally gets the justice he deserves. Though his minimum 15 year sentence may not bring the Misch family any closure, it will likely be a life sentence for Merritt. At the very least, he won't drink and drive again.

As long as innocent people continue to be slaughtered on our highways, the current DUI laws are not tough enough. A 30 day jail term for the FIRST offense and a year for the second are not at all unreasonable.

-- Posted by Tattoos & Scars on Sun, Nov 1, 2009, at 11:03 AM

tattoos & scars, merritt has yet to be sentenced. I seriously doubt he will get the minimum sentence. We know he has at least 3 prior DUI convictions...we don't know what the rest of his criminal record looks like. He just might have enough on there to justify a much longer sentence.

I agree, DUI should have mandatory sentencing requirements. All jail sentences should be served day-for-day...no jail credits whatsoever. Granted, we would probably have to open a second workhouse just to house them all, but maybe then these drunks would learn to STAY HOME!!!!

-- Posted by jtjustice30 on Sun, Nov 1, 2009, at 12:29 PM

jtjustice30,

If you actually caught everyone that was guilty of something you would never ever, ever, ever be able to quit building workhouses.

Even most all of our Presidents would have to be incarcerated by their own admissions.

Smoking pot and tooting coke are worthy of a little incarceration aren't they.

How about gay judges? Is sodomy still illegal in Tennessee or has it been legalized?

-- Posted by somecommonsense on Sun, Nov 1, 2009, at 3:03 PM

jtjustice30,

I only want clarification on Tennessee Law.

I already know that God issues the death penalty for it at the Supreme level.

-- Posted by somecommonsense on Sun, Nov 1, 2009, at 3:45 PM

We can't have lengthy sentences on DUI's, there wouldn't be any congress left... they would all be in jail!

-- Posted by Union on Sun, Nov 1, 2009, at 6:26 PM

We can't have lengthy sentences on DUI's, there wouldn't be any congress left... they would all be in jail!

-- Posted by Union on Sun, Nov 1, 2009, at 6:26 PM

And there would not be any lawyers to represent them because 95% of them would already be in jail "if" they were caught.

-- Posted by somecommonsense on Sun, Nov 1, 2009, at 6:39 PM

an innocent lady lost her life due to a drunk driver and now this man gets to spend basically the rest of his life in jail. he has no one to blame but himself. ifeel for the family of the innocent lady and this man also because they have both lost loved ones. he probably thought he wouldn't get caught but he did.

-- Posted by nashvilleguy08 on Mon, Nov 2, 2009, at 8:20 AM

Have you ever noticed that everyone you speak with is all for mandatory minimum sentences, no good time or other sentence reduction credits , and making all those convicted serve 100% of their sentence?

That is right up to the point that additional jail space must be constructed, additional state prisons must be constructed, and the state and local payrolls must be increased to pay the additional staff. At that point everyone suddenly realizes that taxes must be increased to pay for those projects. Then all anyone can see is more taxes.

It's the same paradox you find when some folks complain about "slow" response times for ambulances or law enforcement. Everybody wants their services as quickly as possible, but no one wants to increase taxes to hire more EMT's or officers and pay for their equipment.

-- Posted by Schooldaze on Mon, Nov 2, 2009, at 9:19 AM

Have you ever noticed that everyone you speak with is all for mandatory minimum sentences, no good time or other sentence reduction credits , and making all those convicted serve 100% of their sentence?

Posted by Posted by Schooldaze on Mon, Nov 2, 2009, at 9:19 AM

Schooldaze,

I have noticed it and have also realized that most of the type of ones you mention have all done something worthy of incarceration themselves but just have not been caught. Yet.

-- Posted by somecommonsense on Tue, Nov 3, 2009, at 6:08 PM

jtjustice30,

Can't you get Barney to quote applicable T.C.A. to help you answer my question about gay judges? Are they legal in Tennesee? I think it is a question worthy of a accurate response Joyce.

-- Posted by somecommonsense on Tue, Nov 3, 2009, at 6:17 PM


Respond to this story

Posting a comment requires free registration. If you already have an account on this site, enter your username and password below. Otherwise, click here to register.

Username:

Password:  (Forgot your password?)

Your comments:
Please be respectful of others and try to stay on topic.