2019 Cortez hit-and-run retrial set for September

A man accused of aggravated battery and leaving the scene of a crash in Cortez in 2019 will face a new trial in September.

David Nichols, 59, of Bradenton, is scheduled to go to trial Sept. 5, a date set earlier this month.

Nichols, arrested in November 2019, is accused of hitting and dragging Fred Gilliland of Cortez underneath his vehicle for nearly a block in the area of 101st Street West in Cortez.

Gilliland, known in Cortez as “Fat Freddy,” lost his right arm and sustained injuries to his spleen, a lacerated liver, rib fractures, a collapsed lung and facial lacerations.

He has been increasingly doing well and active in Cortez.

Jurors in a December 2022 trial were deadlocked, resulting in a mistrial on both counts.

In a criminal case, if a jury cannot agree on a verdict on one or more counts, the court may declare a mistrial, triggering a retrial.

Since Oct. 15, 2022, Nichols has been in custody at the Manatee County jail after being denied reinstatement of a  $150,000 bond stemming from an Oct. 14, 2022, citation for allegedly driving with a suspended license. The citation was a violation of the conditions of his pretrial release.

Manatee County Clerk’s Office records show that his trial attorney, Colleen M. Glenn, withdrew from the case in March due to the defendant’s inability to pay.

Nichols is now represented by Allanah McClintock in the public defender’s office for the 12th Judicial Circuit.

If convicted, Nichols faces a mandatory prison sentence with a maximum penalty of 15 years.

The trial is set for 9 a.m. Tuesday, Sept. 5, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.