Motion seeks Hagler’s return to jail

Friday, November 30, 2018

Carroll County prosecutors have asked a judge to revoke the release of a local man who is free on bond awaiting trial on multiple charges including negligent homicide.

Neal Hagler, 19, is charged with negligent homicide, driving on a suspended license due to driving while intoxicated, driving under the influence/underage, possession of a controlled substance, purchase or possession by a minor and reckless driving. The charges stem from a June 22 accident that occurred on Carroll County Road 428. A passenger in Hagler’s vehicle, 20-year-old Destiny Mock of Eagle Rock, Mo., died in a Springfield, Mo., hospital two days after the accident.

According to court documents, Hagler failed a field sobriety test at the scene of the accident a portable breath test indicated that Hagler’s blood alcohol content was 0.11 percent approximately 40 minutes after the accident. Hagler allegedly admitted to an investigator that he had been drinking before the accident but denied using marijuana although the deputy who interviewed Hagler at the scene detected a strong odor of burnt marijuana and a marijuana cigarette was found in the vehicle, court documents say.

Hagler was released from the Carroll County Detention Center on Aug. 13 after a Harrison bonding company posted his $50,000 bond. As a condition of his release, Hagler was placed on house arrest with an ankle monitor and required to submit to weekly drug tests.

On Nov. 9, Deputy Prosecuting Attorney Craig Parker filed a motion asking Special Judge Gary Arnold to revoke Hagler’s released based on an incident that allegedly occurred on the night of Nov. 8.

According to Parker’s motion, the Carroll County Sheriff’s Office responded to a call from a neighbor who indicated that Hagler “was operating a motor vehicle near the neighbor’s property in a loud and concerning manner.”

A deputy who responded to the call smelled the odor of marijuana and noted “what appeared to be a party or gathering of juveniles,” the motion says. The deputy later responded to another call from the same neighbor.

Parker’s motion says that based on the Nov. 8 incident, Carroll County Probation and Parole — the agency that administers weekly drug screens to Hagler as a condition of his release — contacted Hagler to come in for a drug screening that morning. Hagler reported for the drug screen but reported that he was unable to provide a urine sample, according to Parker’s motion.

“Defendant’s failure and refusal to provide a urine sample to Probation and Parole indicates a consciousness of guilt of his having disregarded one or more of his conditions for release,” Parker writes. “It also indicates a continuation of a pattern of disregard for the law and for court orders applied to him.”

Parker asks Arnold to revoke Hagler’s release and order him back to jail to be held until trail. Alternatively, Parker asks that Hagler be jailed until he provides a urine sample.

An omnibus hearing was held on Nov. 9 at the Carroll County Eastern District Courthouse in Berryville to consider the motion to revoke Hagler’s release, as well as a prosecution motion for discovery.

As of Thursday morning, Arnold had not made a ruling.

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