Wednesday, August 11, 2010

Update on Jay Westbrook

I have discovered that the civil suit against Andrew Chase, the Comcast driver who struck and seriously injured cyclist Jay Westbrook in July of 2009, was settled in mediation earlier this summer.

As for the criminal proceedings, I found out that it is likely Mr. Chase's lawyer will file for a pretrial diversion before the Sept. 7 court date. Click here for an explanation of the pretrial diversion. I spoke with the Honorable Berkeley Bell on the phone yesterday and he informed me that It is up to him, as the prosecuting District Attorney, to decide if the diversion will be granted. If he allows the diversion, the charges against Mr. Chase, aggravated assault and violation of the Bicycle Protection Act of 2007, will be postponed for a year. If Mr. Chase keeps his record clean during that period, after paying court costs, his record will be cleared.

I find this to be an unacceptable option and hope that you do, too. Please send an email to the assistant district attorney on the case, Chal Thompson, at jcthompson@tndagc.org. You should make reference to State of Tennessee vs. Andrew Chase, case #09CR369. Let him know that you hope that if a a pretrial diversion is requested, it is denied and that Mr. Chase is prosecuted for both charges.

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