BISMARCK, N.D. (AP) - A judge has refused to dismiss felony charges against an 85-year-old Bismarck woman accused of negligent homicide in the death of a pedestrian.
The defense argued that prosecutors are treating the case differently than a similar one 13 years ago. Bertha Harper was charged last June following the death of 33-year-old Amber Rebel.
Defense attorney Tom Dickson asked South Central District Judge Daniel Borgen to dismiss the case Monday, saying the Burleigh County State’s Attorney’s Office practices selective prosecution, the Bismarck Tribune reported.
Borgen referenced a 2008 crash in which a pedestrian was struck and killed but the driver was never charged. Dickson argued there was “virtually nothing different” about the two cases.
Assistant Burleigh County State’s Attorney Anna Argenti disagreed, saying the circumstances of the two cases are much different. Argenti said she reviewed police reports, went to the crash scene and weighed evidence from Harper’s vehicle before filing charges in the 2020 crash.
Last June, police responded to a report of a hit-and-run at an apartment building. Witnesses told police they saw a white SUV make a right turn from the apartment driveway, strike a pedestrian and drive away.
Police used surveillance video from a nearby businesses to make an arrest.
Harper’s trial is scheduled to begin Wednesday.
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