The Trial

Last Updated:  November 2, 2001
 

July 24, 2001

Dad was killed last night at 8:20 pm.  The drunk who killed him didn't even spend a night in jail.  He was released on $20,000 bond.  

September 10, 2001

The Grand Jury indicted the alleged drunk driver.  He will be charged with Second Degree Murder and miscellaneous other charges.  He has still not spent a single day in jail.

September 11, 2001

The terrorist attacks on the World Trade Center and Pentagon occurred today.  Our family's hearts go out to those who have also suffered from losing loved ones.

October 22, 2001

The arraignment was today.  He pleaded not guilty to Second Degree Murder.  At least we finally got to see what he looked like.  Evidently, the trial won't start till after the first of the year.

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March 18, 2002

The trial started today at the Lee County Courthouse in Sanford, NC.  It was over almost as fast as it began.  After pre-trial motions the Judge notified the District Attorney that he didn't think that there was enough evidence to continue with the 2nd degree murder charge and he didn't think he could let it go to the jury.  The DA discussed it with our family and we agreed that it would be best to lower the charges to manslaughter.  Mr. Hardee then pleaded guilty to the manslaughter and DUI charges.

All of our family members were given an opportunity to address the defendant and his family before sentencing.  Our messages were primarily about how our father required us to own up to our mistakes, and made us understand that our actions had consequences.  We also asked the State to make sure that this could not happen again with this individual so that another family wouldn't have to go through what we have.

Mr. Hardee testified in his defense and evidently he just felt like having ONLY 4-5 beers (even though he blew a 0.16 and I would guess his weight at about 175, you do the math) one evening and drive into town to do some more partying.  Unfortunately he received a cell phone call, dropped the phone, reached down to grab it with his RIGHT hand, crossed a center turn lane to his LEFT, and plowed head on into my mother and father, killing my father.  He was very sorry and asked several times about the occupants of the other vehicle even though his first action was to throw out the bottle of rum that he had sitting next to him on the seat.

His attorney then presented character witnesses that knew Dale as a child and claimed that he was a good boy.  The first witness and the most difficult to grasp was a County Commissioner, preacher, counselor named John Sauls.  Mr. Sauls indicated that he had become Dale's counselor since the accident and that he was working with Dale to understand his mistake and that Dale had truly asked the Lord for forgiveness.  When asked if there was any attempt at getting alcohol treatment, the response was almost like "why would that be necessary?"  We have since found out that Mr. Sauls is a good friend of the defendant's father and is also seeking election to the North Carolina House.  I guess the people of this district will have to make this decision. Every witness that was asked if they felt Dale had an alcohol problem responded that they didn't think that he did! 

Mr. Hardee's attorney then presented several job offers into evidence from friends of Dale's father.  At first we didn't understand what these would be for since he had never worked anywhere other than his father's restaurant.  We learned later why.

The Judge then sentenced Dale Reese Hardee to 16 months prison on the manslaughter charge, 12 months on the DUI - suspended, and 5 years probation.  To our understanding, this is the most that could be handed down on these charges.  He also made a statement about the importance of Judges rotating districts in North Carolina and why he now understood why this was necessary.  Mr. Hardee's attorney then asked for work release which was granted.  He then indicated that his client came to the courthouse unprepared to be turned over today and wanted to know if he could turn himself in the next morning!  Thankfully, the Judge denied this request.

Now we will just have to see what kind of sentence Mr. Hardee actually serves ............

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