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Mitchell Nick, 7, Left Critical After Being Hit By 28-Year-Old Driver

A 28-year-old was speeding and driving with a suspended license in Boynton Beach when he struck and critically injured 7-year-old Mitchell Nick.

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The child’s injuries are a tragedy but not a criminal act, his attorney told a jury.

The 28-year-old is charged with vehicular homicide, driving without a license and leaving the scene of a crash.

An assistant public defender said during opening arguments, that the 28-year-old was absolutely guilty of unsafe driving, but not of vehicular homicide.

“Accidents happen,” the defender said. “Just because he made a mistake driving with a suspended license, and just because he made a mistake driving fast, doesn’t render everything else that happened criminal in nature.”

Prosecutors voiced a different version of the accused actions, saying the Boynton Beach man was fleeing a traffic stop when he lost control of his 2008 Buick SUV at the intersection of Summit Road and Miner Road and struck the child, who was walking on the sidewalk with family members.

The 28-year-old took off after seeing the patrol car, racing north on Federal Highway then west on Miner Road, which has a 30 mph speed limit at speeds near 60 mph. Police said the 28-year-old attempted to make a right turn onto Summit Boulevard at a high rate of speed, causing him to lose control of the vehicle.

The Buick went over a sidewalk and struck Mitchell, who was walking to a nearby park with her great grandparents and younger brother. The force of the crash sent Mitchell body into the air before he landed in a ditch 20 feet away. A medical examiner testified that Mitchell likely turned her head and looked at the SUV an instant before it hit her.

The crash according to police officials is still under investigation.

Comments:

Accident attorney Jason Weisser of Schuler, Halvorson, Weisser, Zoeller and Overbeck responded to this unfortunate crash. “This is a serious accident resulting in injuries. We hope the investigators can quickly determine what caused the accident. Please be careful and obey the speed limits whenever you are driving a motorcycle, car, SUV or truck. We hope that all parties involved consult with an experienced trial lawyer. If you have been injured in an accident, call my office for a free consultation and find out what your rights are.”

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