I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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A Gov. Barbour felony DUI pardon recipient is in jail after yet another DUI that lead to the death of a teenager

Update: Welcome new readers. This post is one of a series on the last-day pardons by Gov. Babour.  The most recent seven or eight posts are about these pardons.  The most recent post asks why Civil Rights martyr Clyde Kennard is still denied a pardon; there are several posts about the murder  or homicide cases in the pardon list (here here here and here), and a post describing the cases were people still serving time were pardoned.

Harry Bostick of Oxford got a timely pardon.  I wonder if the decision makers in the Governor’s mansion know how timely– he’s sitting in jail on a parole revocation, the petition to revoke for which says he violated by being “arrested with new charges of felony DUI… and possession of beer in vehicle in Pontotoc County,” and that he refused a Breathalyzer test on October 7th in Pontotoc.

Yesterday, he got an absolute pardon from a felony DUI. Here’s what the pardon says:

WHEREAS, Harry Russ Bostick, was sentenced on or about May 28, 2010 in Lafayette County, Mississippi under Cause No. LK09-123 for the felony crime of DUI 3rd Offense,’ and

WHEREAS, Harry Russ Bostick was sentenced to five (5) years in the Intensive Supervision Program (ISP) with one (1) year to serve in ISP while also participating in Lafayette County Drug Court to completion for a term not to exceed five (5) years. Four (4) years ISP was suspended upon the successful completion of one (l) year ISP and the Drug Court Program. Bostick was ordered to pay a fine of $2,000.00 and Court costs of $454.00.

WHEREAS, Harry Russ Bostick was placed in the Drug Court Program beginning on or about March 4, 2011. His estimated release date from the Drug Court Program, assuming no sanctions, is March 4, 2013….

You might ask, what was the deal on that October 7th DUI arrest and refusal to take a Breathalyzer?  Here’s an October 8th story from WTVA:

An Okolona teenager is dead after a two-car accident on Highway 6 in the Furrs community.

County Coroner Kim Bedford said the 911 call was placed at 7:19 Friday night.

Trooper Ray Hall of the Mississippi Highway Patrol says Charity Smith, 18, of Okolona, died as a result of her injuries.

Smith was driving a Buick LeSabre and apparently tried to pull from a private drive onto Highway 278 when she pulled into the path of a 2010 Ford F-150, driven by Harry Bostick, 55, of Oxford.  …

Bostick had minor injuries, but was wearing a seat belt. Authorities say he went to the hospital by private vehicle and was subsequently treated and released.

Hall said charges are pending in the accident, depending on what’s revealed as the investigation continues.

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