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IN THE CRIMINAL COURT FOR KNOX COUNTY, TENNESSE
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STATE OF TENNESSEE hillbewLL'E?. 
V- NO. 103394 

HARLAN FERGUSON 

RESPONSE TO MOTION TO MODIFY BOND TERMS

COMES THE STATE OF TENNESSEE, by and through counsel, and would

respond to Defendant?s Motion to Modify Bond Terms as follows:

1.

On February 3, 2016, the Defendant engaged in reckless conduct with a motor
vehicle by passing vehicles on a double yellow line at a high rate of Speed in
Knox County, Tennessee.

This conduct was observed by Chief Henderson, KCSO, who reported the

vehicle to Captain Amburn, KCSO, who was in the immediate vicinity.

. Captain Amburn attempted to block Brown Gap Road at Crippen Road by

straddling the intersection with blue lights on.

The Defendant drove into a ditch to get around Captain Amburn and
continued driving at high speeds Up Bell Road.

Captain Ambum observed the Defendant?s vehicle cross the double yellow
and nearly strike another vehicle head on at high Speed.

A short distance later, Defendant lost control of the vehicle, ran off the right

side of the roadway, and struck a tree, causing fatal injuries to his passenger

Sarah Howe.

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Chief Henderson pulled Defendant from the vehicle as it began to burn. Chief
Henderson noted that Defendant smelled of an alcoholic beverage. Defendant
was transported to UTMC for treatment of his injuries.

Captain Ambum observed two or three beer cans in the Defendant?s vehicle.
While at UTMC, Defendant was requested to submit a blood sample for
testing. Defendant advised of?cers that he refused to voluntarily provide a
sample. However, Defendant stated that it was only alcohol, not drugs.
Additionally, Defendant advised that he should not have been driving, that he
had really messed up, and that he did not sober up until about 0130 am.-
approximately six hours after the crash.

Of?cers obtained search warrants for a sample of Defendant?s blood, as well
as any blood samples collected by UTMC in the course of Defendant?s
medical treatment.

TBI testing ofthe medical sample of Defendant?s blood revealed a BAC of
as well as the presence of marijuana metabolite.

Defendant has prior convictions DUI and UDWI.

Defendant?s bond was initially set at $120,000.00 by the Grand Jury.

At a previous bond hearing on October 25, 2016, the Court reduced
Defendant?s bond to $5,000 with Pretrial Supervision and SCRAM
monitoring. The Court further ordered that public funds of up to $200 a
month be provided to help cover the expense of Defendant?s SCRAM

monitoring.

15. While State respects the religious beliefs of Defendant, as well as his interest
in pursuing hydrotherapy treatment, State submits that Defendant presents a
legitimate risk to the public, and that SCRAM monitoring at least mitigates
this risk.

16. Moreover, because of the expenditure of public funds to cover the cost of
Defendant?s SCRAM monitoring, its continued use does not present a
signi?cant ?nancial hardship to the Defendant.

17. If the Defendant wishes to be removed from SCRAM monitoring, State
submits that reinstatement of Defendant?s original bond of $120,000.00
without SCRAM or Pretrial Supervision would be appropriate.

WHEREFORE, the State would pray as follows:

1. That the Court not release the Defendant from SCRAM monitoring.

2. That if the Court elects to release the Defendant from SCRAM monitoring,
the Court reinstate Defendant?s original bond of $120,000.00.

3. Any other reliefto which the State might be entitled.
RESPECTFULLY SUBMITTED this 13th day of October, 2017.

CHARME P. ALLEN
DISTRICT ATTORNEY GENERAL

3.4.4464.
AUG
ASSIS IST RNEY