Hedge James Jarvis was released with one condition Friday after an arraignment for his alleged role in the fatal hit and run of Stephen Galindo in January near the Buckaroo Barn in Winchester.

Jarvis was released on the condition that he would not drink or take other intoxicants while out of jail.

Jarvis, through his attorney, contacted the Douglas County Sheriff’s Office the day following the crash to report himself as the driver.

“Jarvis said he drank four Coors Lite beers while he was at the pub,” according to court documents. “Jarvis said they left the (Winchester Pub) headed south on NE Stephens when he suddenly caught a glimpse of light, something illuminated a little bit, then it hit pretty hard.”

According to the same court records, video evidence from the pub showed Jarvis drinking eight beers that night and the crash occurring within 20 minutes of his last drink. “In fact, the crash occurred less than one minute from the time Jarvis turned onto NE Stephens St. from leaving the Winchester Pub,” the probable cause affidavit said.

The airbags on Jarvis’ vehicle deployed but did not inflate, according to court documents.

A deputy conducted a crash reconstruction and found that neither Jarvis, nor his passenger, were wearing seat belts, the vehicle was going 45 mph and the brake was applied within half a second of the crash. The accepted response time is approximately 1.6 seconds, according to court documents. The impact of the scooter with the vehicle was “practically in the center of Jarvis’ car.”

Jarvis thought he hit a deer and told police he didn’t stop, “because it was a really ‘shitty’ spot right there,” according to court documents. Court documents suggest Jarvis drove past multiple locations where Jarvis could have stopped, but instead he continued driving and took a different way home which was 6 miles longer.

“Jarvis did all this in a disabled vehicle with airbags hanging in his lap and a transmission that would not shift,” according to court documents. “Jarvis did not stop because he had no intention of stopping. Instead, he took the long way home and continued past all of those locations for the same reason he did not turn around and drive back to his house and that is because he knew he did not hit a deer. Jarvis’ actions that night were not consistent with a reasonable person in the same situation.”

David Terry, Jarvis’ attorney, told the court he was perplexed that his client was arrested and lodged at the Douglas County Jail, because of current guidelines to hand out citations to minimize the number of people in correctional facilities amid the coronavirus pandemic.

Terry wore an N95 mask in the courtroom and said he was concerned for his client and that “no social distancing can occur” in a correctional facility.

Guidelines from Chief Justice Martha Walters state that “courts must explore alternatives to current arrest and detention policies including use of cite-in-lieu of arrest where appropriate to keep jail population at a minimum.”

Terry said his client had been cooperative with the detectives and is a lifelong Douglas County resident. “(Jarvis) is a picture perfect candidate for release under any circumstances, especially now,” Terry said.

Terry said he talked with the district attorney’s office, which had not been informed prior to the arrest, and said it also expressed “genuine shock and surprise.”

Prosecutor Steve Hoddle told the court he had no opinion.

Jarvis is scheduled for a hearing on June 29.

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