Jurors seated for the trial of a Bradenton resident accused of aggravated battery and leaving the scene of a crash in Cortez were deadlocked Dec. 15, resulting in a mistrial.
When a jury cannot agree on a verdict on one or more counts, the court can declare a mistrial.
The trial of David L. Nichols of Bradenton ran Dec. 12-15 with the state represented by prosecuting attorneys Garrett Franzen and Charlie
Lawrence. Defense attorney Jennifer Fury represented Nichols before 12th Circuit Judge Frederick P. Mercurio.
Nichols is accused of hitting and dragging Fred Gilliland of Cortez underneath his vehicle for nearly a block in the area of 101st Street West near Cortez in November 2019.
According to law enforcement reports, a verbal dispute occurred outside a residence between Gilliland and Nichols. As Gilliland left on foot, walking southbound on 101st Street West, Nichols allegedly struck him with his vehicle, dragging him for nearly a block.
Gilliland, known in Cortez as “Fat Freddy,” sustained critical injuries that resulted in the amputation of his right arm, injuries to his spleen, a lacerated liver, rib fractures, a collapsed lung and facial lacerations.
A jury, selected Dec. 12, could not agree on a verdict for either charge.
Nichols had been out on a $150,000 bond but since Nov. 4 was in custody after being denied reinstatement of bond stemming from an Oct. 14 citation for driving with a suspended license. The citation is a violation of Nichol’s pretrial release.
The Islander reached out by phone to the state attorney’s office but there was no comment.
A new trial is scheduled for 9 a.m. Tuesday, Feb. 21, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.
If convicted, Nichols faces a mandatory prison sentence with a maximum penalty of 15 years.