Sheriff Deputy Texting & Driving Kills Local Man, only is awarded Vehicular Homicide by the Jury!

Pettigrew trial pushed to June
Last Updated on May 2nd, 2016 Written by Chuck Samples

Defense attorney Monte Miller (standing) addresses Dickinson County Judge Steven Hornbaker (on screen) during a pretrial hearing for Tyler Pettigrew (seated next to Miller) on Monday. Kansas Attorney General's Office lawyer Karen Wittman is seated at left. Photo by Chuck Samples/KVOE News.
Trial has been delayed for Tyler Pettigrew.
Trial was supposed to start Monday, but the Kansas Attorney General's Office says several key witnesses will be unavailable this week. Trial has now been moved to start June 13.

Pettigrew is charged with vehicular manslaughter and other charges after a three-truck crash near Olpe in October 2012. Mark Harrison of Madison was killed in that wreck.  Jason Harrison, Mark Harrison son was seated in the passenger side of their pickup truck, they had just been to Emporia to pick up 2 dogs from the Veterinary Clinic - Jason was transported to Newman Regional Hospital for extensive injuries - the two dogs died at the scene.
Dickinson County judges have been presiding over court proceedings and the Kansas Attorney General's Office has been prosecuting instead of their local counterparts because of Pettigrew's status as a Lyon County deputy, both now and at the time of the crash.
Jury trial is set to begin Monday in the Tyler Pettigrew vehicular manslaughter case, but a hearing Monday morning could affect the trial schedule.

Dickinson County Judge Steven Hornbaker will hear a prosecution request from the Kansas Attorney General's Office to continue the trial. There is no word on the reasons behind that request.

Pettigrew is accused of vehicular manslaughter, aggravated battery and traffic charges after a three-pickup crash on Kansas Highway 99 just north of Olpe in October 2012. Pettigrew's truck allegedly crashed into the back of a truck driven by South Lyon County Superintendent Mike Argabright, crossed the center line and hit a truck driven by Mark Harrison of Madison. Harrison died of injuries afterward.
 Because of Pettigrew's job as a Lyon County deputy, the Kansas Attorney General's Office is prosecuting the case instead of the Lyon County Attorney's Office and Dickinson County judges are presiding over the hearings along with the upcoming trial instead of judges from Lyon County.
*******************************
Harrison family reacts to Pettigrew conviction    
June 15th, 2016 Written by Bruce Rosenbloom 

Tyler Pettigrew, left, and his lawyer, Monte Miller, right, sit before Judge Steven Hornbaker as the jury delivers verdicts. Photo by Bruce Rosenbloom/KVOE News.
Emotions ran high in the Lyon County Courthouse on Wednesday as jurors delivered their verdicts to Judge Steven Hornbaker on a case that started four years ago. Standing before the court, the foreperson explained that the jury had found Tyler Pettigrew guilty on a count of vehicular homicide, but not guilty on counts of involuntary manslaughter and aggravated battery. It was a decision that did not sit well with Diane Harrison.
 Tyler Pettigrew, a deputy with the Lyon County Sheriff's Department, was arrested in 2015 on charges stemming from his involvement in a vehicle accident that occurred three years earlier. That accident killed Diane's husband, Mark, and directed attention toward Pettigrew after investigators determined that he was using a mobile device while driving. During his summary, Hornbaker made an explicit note of this.
According to Kansas law, vehicular homicide is a misdemeanor with a maximum penalty of 12 months in custody -- a punishment that is not nearly enough for the Harrisons.  Nevertheless, Marcie, a member of the Harrison family, noted that two judges cited Pettigrew for using a mobile device before disaster struck. To the Harrisons, this was considered to be a small victory after such a catastrophic loss.
Sentencing for Pettigrew was scheduled by Hornbaker for August 1st at 1:30 PM in the Lyon County Courthouse. Based on Pettigrew's tenure with the Lyon County Sheriff's Department, it is unknown whether the presiding judge will show leniency to the deputy when the case reaches its zenith. Monte Miller, Pettigrew's lawyer, declined to comment for the sake of his client when asked for a statement by KVOE News. 
http://www.kvoe.com/newsedit/13540-pettigrew-trial-pushed-to-june

Sentencing for Pettigrew was scheduled by Hornbaker for August 1st at 1:30 PM in the Lyon County Courthouse. Based on Pettigrew's tenure with the Lyon County Sheriff's Department, it is unknown whether the presiding judge will show leniency to the deputy when the case reaches its zenith.

Pettigrew sentenced to six months in county jail
By Mary Ann Redeker maryann@emporia.com

Updated Aug 1, 2016
Tyler Pettigrew offered a statement of apology to the family of Mark Harrison Monday afternoon during his sentencing hearing in Lyon County District Court.
Pettigrew was found guilty of vehicular homicide on June 16 related to an automobile accident which occurred Oct. 16, 2012, in which Harrison, a 59-year-old Madison man, died.
"I apologize for the events that occurred that day," Pettigrew said. "I apologize to the Harrison family for the pain and suffering I caused. Not a day goes by that I don't think of that day, the accident and what happened. My goal is to now help others."
Pettigrew was sentenced to a year in custody of the Lyon County Sheriff's Office. After serving six months, the remainder of the sentence is to be probation with all the usual conditions for a period of one year. Pettigrew cannot drive a motor vehicle and has been ordered to do 100 hours of community service.
According to Kansas law, vehicular homicide is a misdemeanor with a maximum penalty of 12 months in custody.
Eighth Judicial District Judge Steven Hornbaker was emotional in delivering the sentence.
"This is emotional and I apologize if I am emotional," Hornbaker said. "I have a son your age, Tyler. This is difficult for me and I wish I was anywhere else but here. You violated the law. I believe jail is beneficial to all those involved, so the community can understand what a problem this is.
"You should have known better than anyone, being a member of law enforcement. You will be a better man for this. It will be hard, but this too, shall pass."
Pettigrew was also found guilty of speeding, following too close and using a communication device while driving. He was ordered to pay $40 for speeding, $75 for following too close and $60 for using the communication device while driving, plus court costs.
Pettigrew's attorney, Monte Miller, who requested leniency in the case, asked Hornbaker for probation.
"Tyler is an exceptional young man," Miller said. "He suffered injuries as well. He made a split-second decision, but a wrong one with a lasting impact for both families. Tyler has great remorse for what happened. He has also lost his job."
Miller pointed out Pettigrew's law enforcement career as a member of the Lyon County Sheriff's Office and the awards he had received for his service, one being the Silver Award received for saving the lives of residents during the Sterling House fire July 5, 2014.
"I'm asking the court to give Tyler a chance to show his character," Miller said. "I believe this will be beneficial to everyone. It will give him the opportunity to help others. One mistake should not wipe out all the good he has done."
Miller's initial request of probation was denied, along with work release.
Others made requests for leniency on Pettigrew's behalf, one being Dr. Richard Bennett, who lost his son Dr. Brenton Bennett in a traffic accident on April 13.
"It is an honor to speak on behalf of Tyler Pettigrew," Bennett said. "He is a kind man and has always shown respect to others. He returned to his hometown to serve his community after college. I lost my son to an accident and my initial feelings were anger and shock, but in the days following, I thought about the person who caused this. She was a mother of three small children and I realized I did not want her incarcerated. If there any positives to come out of these accidents, it's that we all need to become more aware of our surroundings. I am asking for leniency as Tyler and this lady will have to live with these accidents for the rest of their lives."
Prosecutor Gregory Benefiel, who asked the judge for the 12-month jail sentence, said this was not an accident and was 100 percent preventable.
"Tyler Pettigrew was not paying attention that day," he said. "This case poses a significant challenge to the court. The court must look past his background and sentence him to 12 months in the county jail."

Harrison's widow, Diane, spoke to the court about the ways her life changed forever after the automobile accident. She told about her and Mark's plans for retirement, stories about their grandchildren and how their son, Jason, who was also in the accident that day, had struggled with the death of his father.
"Tyler's recklessness gave my family a death sentence that night," she said.
Marcie Harrison, Jason's wife, told the court how her children now do not have a grandfather and also how her daughter got physically ill, seeing her father in ICU for the first time following the accident.
"This wreck has torn our family apart," she said. "Jason is lost without his father. Jason has struggled so much and isn't the same physically after the wreck."
Marcie Harrison also read a statement from her husband detailing the special bond he had with his father.
"My dad was my co-worker and best friend," Jason Harrison wrote. "After the wreck, I wondered if I was going to die — if I would ever get to see my wife and kids again. I still endure a lot of pain and have trouble doing a lot of things, especially with my kids. I would never wish what we went through on anyone, even Tyler Pettigrew."
http://www.emporiagazette.com/area_news/article_878253f0-5830-11e6-bfac-2317dc9c2bd8.html