A Mattapan man accused of killing a pedestrian while driving under the influence of alcohol last November answered to a felony charge in a Suffolk Superior Courtroom Friday.
On the evening of Nov. 23, 2013, Harris was standing on the sidewalk of Cummins Highway near Ridlon Road when Hibbert’s car pulled into the parking lane, then accelerated in reverse, Assistant District Attorney Ryan Mingo said. According to witnesses, Hibbert was driving so fast that he tore a fire hydrant out of its mounting. His vehicle edged up onto the sidewalk, striking Harris and dragging him for several car lengths. Harris died instantly.
When Hibbert attempted to flee the scene, he was immediately stopped by spectators. He became hysterical when told he hit someone and was taken to Brigham and Women’s Hospital. A clinical test showed his blood alcohol level to be 0.14 — nearly twice the legal limit of 0.08.
Hibbert pleaded not guilty to manslaughter by motor vehicle and motor vehicle homicide while operating under the influence. He is being held on $5,000 cash bail and faces a minimum of six years in prison.
If Hibbert posts bail, he has been ordered to surrender his passport and will not be allowed to drive. He will return to court on Sept. 9, 2014.
Hibbert’s trial is scheduled for July of next year.
A press release from the Suffolk County District Attorney’s Office below.
July 25, 2014
Alleged Drunk Driver Charged with Manslaughter in Pedestrian Death
(BOSTON) — The driver of a sport-utility vehicle that struck and killed 48-year-old Walter Harris in Mattapan last year was arraigned in Suffolk Superior Court today following his indictment for manslaughter, Suffolk County District Attorney Daniel F. Conley said.
The Suffolk County Grand Jury on July 1 returned indictments charging DERVIN HIBBERT (D.O.B. 1/6/61) of Mattapan with manslaughter by motor vehicle and motor vehicle homicide while operating under the influence. He was arraigned on those charges, which carry minimum mandatory terms of five years and one year, respectively, today.
Assistant District Attorney Ryan Mingo of the DA’s Major Felony Bureau recommended that he be held on $25,000 cash bail and that he be ordered to surrender his passport and not drive if he posts that amount. Clerk Connie Wong imposed $5,000 cash bail and the requested conditions.
Mingo told the court that Hibbert was operating a Mercury Mountaineer on Cummins Highway at about 8:30 p.m. on the night of Nov. 23, when Harris was standing on the sidewalk outside Crest Liquors near the corner of Ridlon Road.
Hibbert pulled into the parking lane, Mingo said, then accelerated in reverse at a high rate of speed. His SUV traveled up onto the sidewalk for several car lengths, striking Harris and dragging him for several feet. Harris was killed instantly. Hibbert was traveling at such a high rate of speed that the vehicle tore a fire hydrant out of its mounting in the ground.
Hibbert attempted to drive forward but was stopped by witnesses. When told he struck someone he became hysterical and was transported to Brigham and Women’s Hospital. Clinical blood work undertaken by hospital staff was subpoenaed by prosecutors and revealed a blood alcohol level of 0.14, well above the legal limit for driving.
Hibbert is represented by attorney Rudy Miller. He will return to court on Sept. 9 and is scheduled for trial on July 20, 2015.
A copy of Hibbert’s indictment has been added below.