3 Doors Down bassist ordered to move to Tennessee ahead of vehicular-homicide trial
3 Doors Down bass guitarist Todd Harrell performs during the band's tour stop Saturday, June 27, 2009 at the Cynthia Woods Mitchell Pavilion in The Woodlands, Texas (Eric S. Swist / The Courier)
The Associated Press
Published Saturday, March 1, 2014 11:42AM EST
NASHVILLE -- A Nashville judge on Friday ordered the bassist for 3 Doors Down to move from Mississippi to Music City, where he will be under house arrest until his trial on vehicular-homicide charges.
The order comes after Robert Todd Harrell was arrested earlier this month on a DUI charge in Mississippi while he was out on bail awaiting trial in Tennessee.
Harrell is accused of driving under the influence in Nashville and causing a crash that killed another driver in April of 2013. Records show the 42-year-old has been arrested on three DUI-related charges in two years
Davidson County Criminal Court Judge Mark Fishburn told Harrell not to drive under any circumstances. He ordered the musician to surrender both his passport and driver's license.
The Tennessean (http://tnne.ws/1khy0Uz) is reporting that prosecutors argued Friday that Harrell posed a danger to the community and should be jailed while he awaits trial.
"He's already killed somebody," Assistant District Attorney General Rebecca Valiquette said at a hearing. "The only thing that's going to keep the community safe is to put him in jail where he belongs."
But Harrell's lawyer, Nashville defence attorney Ed Ryan, argued that house arrest would be more appropriate because Tennessee law says judges should consider the least restrictive means to ensure that a defendant shows up for trial and the community is safe.
The judge agreed with the defence but harshly criticized the musician's doctor in the courtroom, accusing the physician of prescribing Harrell too many pain pills.
"He got 360 oxycodone and 60 Oxycontin from his doctor in less than 30 days," Fishburn said.
Nashville police say the musician admitted to drinking and taking prescription drugs before causing a fatal crash that killed 47-year-old Paul Shoulders Jr. Harrell, police say, was under the influence and speeding down an interstate when he clipped the back of Shoulder's pick-up truck.
Harrell faces charges including vehicular homicide by intoxication, unlawful possession of a controlled substance, violation of the implied consent law, and possession of contraband.
Ryan, Harrell's attorney, said after the hearing that he couldn't comment beyond saying that the musician has pleaded not guilty and he is waiting for prosecutors to turn over evidence in the case to the defence.
Last week, 3 Doors Down announced it had suspended Harrell indefinitely from the band. The band is known for songs such as "When I'm Gone" and "Kryptonite."