Guilty Verdict in Drunk Driving Death

BOSTON, Dec. 2, 2015— A Suffolk County jury today convicted a Mattapan man of motor vehicle homicide in the death of 48-year-old Walter Harris but could not reach a verdict on a more serious charge of manslaughter by motor vehicle, Suffolk County District Attorney Daniel F. Conley said.

DERVIN HIBBERT (D.O.B. 1/6/61) was convicted of the charge of motor vehicle homicide while operating under the influence of alcohol in connection with the Nov. 23, 2013, crash that claimed Harris’ life.  Jurors in Hibbert’s Suffolk Superior Court trial could not reach a unanimous verdict on the charge of manslaughter while operating a motor vehicle under the influence of an intoxicating liquor under Ch. 265, Sect. 13½, popularly known as Melanie’s Law.  A mistrial was declared with regard to the charge.

At his sentencing on Dec. 11 before Judge Jeffrey Locke, Hibbert faces up to 15 years in prison.

Assistant District Attorney Ryan Mingo of the DA’s Major Felony Bureau introduced evidence and testimony to prove that Hibbert was intoxicated and behind the wheel a Mercury Mountaineer at approximately 8:30 p.m. on Nov. 23, 2013, when he pulled over and briefly stopped the vehicle in front of a Cummins Highway liquor store.  He then accelerated in reverse and onto the sidewalk, traveling several car-lengths while on the sidewalk and into a fire hydrant, knocking it from its mounting.  Hibbert continued in reverse, striking Harris as he stood outside a minivan speaking to its occupants and dragging his body several feet, the evidence proved.

Hibbert then attempted to travel forward while still on the sidewalk but was stopped by witnesses.  Blood tests performed at Brigham and Women’s Hospital after the crash showed that Hibbert’s blood alcohol content was .141, well above the legal limit to drive.

Michael Coffey is the DA’s assigned victim-witness advocate.  Hibbert is represented by Rudy Miller.

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.