BISMARCK, N.D. (AP) - An 85-year-old Bismarck woman has pleaded guilty in a fatal hit-and-run crash that killed a pedestrian.
Bertha Harper entered the pleas just as her trial was set to begin Wednesday on charges of negligent homicide and failing to report an accident. Harper faces the possibility of 10 years in prison.
Harper was charged last June following the death of 33-year-old Amber Rebel outside 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 arrest Harper.
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.
Dickson referenced a 2008 crash in which a pedestrian was struck and killed but the driver was never charged. He 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.
Borgen denied the dismissal motion.
Please read our comment policy before commenting.