Criminal Court Judge Rebecca Stern, in a four-page opinion, has granted pre-trial diversion for the young man charged in the Nov. 18, 2005, wreck on Mountain Creek Road that claimed the life of Hadrienne Mendonsa.
Judge Stern said Cody Matthew Headrick has shown remorse, and she said he does not have a history of speeding or substance abuse. She said he has continued to maintain employment.
The opinion cites a therapist's report stating that Headrick "continues to express great remorse over the accident, believing that he is the one who should have died."
Under pre-trial diversion, the charge can be expunged from the record if the defendant does not get in further trouble for a specified time. The defendant does not have to go to jail.
Judge Stern twice before had denied diversion in the case.
Andy Mendonsa, father of Hadrienne, said, "Simply put, we are devastated by this news. To receive this news so close to the three-year anniversary of Hadrienne's death is like going through it all over again."
Prosecutor Jay Woods had refused to approve the diversion request by Headrick's attorney, Jerry Summers.
The car in which Ms. Mendonsa was a passenger was getting ready to pull out onto Mountain Creek Road when the Headrick vehicle came around a curve and went out of control. The vehicle went up on the sidewalk, struck a tree, then went back on the sidewalk and hit the other car.
Ms. Mendonsa, a graduate of Chattanooga Christian School, suffered a closed head wound and was pronouced dead several days later.
Headrick was charged with vehicular homicide, reckless endangerment and three counts of reckless aggravated assault.
Attorney Summers said tests showed no drinking or drug use by Headrick.
Attorney Summers said earlier, "This was an unfortunate tragedy that occurs sometimes. Unfortunately, this was another tragedy for the Mendonsa family, who also had her brother to become paralyzed in a fall and also had a large tree fall on their house. In this case, there was certainly no intent to harm or kill anyone."
He said Headrick and his two friends were on their way to a BP station when they rounded a curve, hit a patch of leaves and then went out of control.
Police said the Headrick vehicle was traveling at 91 miles per hour around the curve.