The Sanford Herald – March 19, 2002

Driver in fatal accident cops plea

Plea-arrangement ends trial

By SUE THACKERAY

Herald Staff Writer

SANFORD - A plea arrangement ended the second-degree murder trial Dale Reese Hardee before it began Monday.

Hardee, 29, of Olivia, pleaded guilty to involuntary manslaughter and driving while impaired Monday afternoon. He was sentenced to 16 to 20 months in prison and 60 months' probation.

He was facing charges of second-degree murder, driving while impaired and driving left of center in connection with the July 23, 2001, collision on N.C. 87 that Stanley Eugene Zuravel, 63, of Fayetteville.

Superior Court Judge Steve Balog said he urged Assistant District Attorney Bill Huggins to accept a plea offer in the case during the pre-trial conference Monday morning. "The judge said that based on his understanding of the law, he had serious questions about sending second-degree murder to the jury," Huggins said.

Although he said he felt second-degree murder was an appropriate charge in the case, Huggins took the plea of involuntary manslaughter to the Zuravel family. "I don't think they were pleased with it. They would have probably preferred he spend the rest of his life in jail, but they understood," he said.

Hardee had a .16 blood alcohol content shortly after the accident, but said he did not think he was impaired. "I had four or five beers, but I really thought I had my bearings and was in control," he told the court.

While driving north on N.C. 87 near the J-Mart on July 23, Hardee said he was dialing his cell phone, but as he hit the send button and lifted the phone to his ear, it slipped out of his hand. "I reached down to get it, and I had my left hand on the wheel. Then there was the impact. That's all I remember," he testified prior to his sentencing.

Hardee's Ford Expedition had traveled across the center turn lane and into the southbound lanes of N.C. 87, striking the 1995 Buick driven by Stanley Zuravel head-on. Zuravel died at the scene and his wife, Roberta, who was in the passenger seat, suffered minor injuries.

Roberta Zuravel, who cried throughout her testimony, told the court Monday that her husband's death had been very hard on her and her family. "It devastated me," she said. "Mr. Hardee took something very precious to me."

Zuravel has been battling ovarian cancer for nearly five years and said she always expected her husband to be there to take care of her.

She also addressed Hardee and his father, Calvin Hardee, the owner of Peggy's Seafood in Olivia. "I blame Mr. Hardee's father just as much as him because you have gotten him off so many times. Mr. Hardee, I just want you to know this could be you. It could be your dad or father or Mr. (Jonathan) Silverman (Hardee's attorney) who was killed that night," Zuravel said.

Silverman placed several witnesses on that stand who spoke about Dale Hardee's character and said he was a good, hard-working man.

John Sauls, a county commissioner and pastor of Crossroads Church in Broadway, said he has known the Hardee family for several years. "When we moved here we met him through the restaurant (Peggy's Seafood), and we still go there many Sundays."

Sauls said he ran into Hardee shortly after the accident. "I started counseling him, and he started attending Crossroads after the accident," he said. Sauls described Hardee as remorseful and faithful in his church attendance.

Hardee himself expressed his remorse as he took the witness stand. "I wanted to tell them (the Zuravel family) how sorry I was," he said as tears flowed down his face. "I did put myself in your place from the very beginning. My dad is exactly the same age as you, but you can't imagine how I feel knowing I took someone else's life. I know you'll never forgive me, but I pray and pray every day that you will."

Balog sentenced Hardee to 16 to 20 months in prison for the involuntary manslaughter charge. He also suggested that Hardee undergo substance abuse treatment while in prison and recommended work release for him.

On the driving while impaired charge, Balog said he found a "grossly aggravating factor in the serious injury that was caused" and sentenced Hardee to a 12-month suspended prison sentence and 60 months supervised probation after his release from prison on the manslaughter charge. He will also have to pay a $500 fine and $11,310 restitution to the Zuravel family to cover medical and funeral costs.

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