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published Friday, September 28th, 2007, updated Sept. 28th, 2007 at midnight

Defendant in fatal crash jailed after buying beer

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By Brian Lazenby

Staff Writer

A Hixson man turned himself in to Hamilton County Criminal Court Judge Don Poole on Friday after defense lawyers conceded that Steven Tyler Frizzell violated his conditions of release by purchasing beer days after he was freed on bond.

Mr. Frizzell, 21, is charged with vehicular homicide, drunken driving and two counts of vehicular assault in a May 28 accident that killed 72-year-old Robert Frizzell and injured Joann Frizzell and Ruby Arnold.

Judge Poole reduced bond for Mr. Frizzell on Sept. 11 from $100,000 to $75,000 and ordered him not to drink alcohol or be around alcohol, but officials said he purchased a case of Natural Light from a convenience store days later.

"After a hearing, the court was of the opinion that Mr. Frizzell was entitled to bond considerations but set a fairly substantial bond based upon concerns and fears of danger to the community," Judge Poole said. "Mr. Frizzell, you are a young man, but you are an extreme danger to the public."

The judge on Friday revoked bond and ordered Mr. Frizzell to be held at the Silverdale Detention Center for his safety and stated there were problems when Mr. Frizzell was housed in the county jail.

Officials declined to comment on what those problems were.

Assistant District Attorney Bret Alexander said he could not comment on the facts of the case but said he believes Judge Poole made the right decision.

Defense lawyer Lee Davis said he reviewed a videotape that shows Mr. Frizzell enter the store and purchase the beer.

"Clearly our client violated the terms of his release," he said. "We think the judge made the right decision today."

Judge Poole cited a traffic ticket the defendant received weeks before the accident in which he is reported to have been driving 103 mph in a 65 mph zone.

The judge also said he considered testimony at a previous hearing by a police officer who said he arrived to arrest Mr. Frizzell and found him intoxicated at 8 a.m. on a Saturday.

Court records show Mr. Frizzell was traveling more than 80 mph in a 35 mph zone when his Ford Taurus drifted across the center line and struck a Dodge Durango driven by the elderly Mr. Frizzell.

Officials said the defendant and the victims are not related, but they have been family friends for several years.

Toxicology test results indicated Mr. Frizzell had multiple drugs in his system, including cocaine, at the time of the fatal wreck.

E-mail Brian Lazenby at blazenby@timesfreepress.com

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