HESPERIA, Calif. – The attorney representing a man who fatally struck a 15-year-old male pedestrian while allegedly intoxicated is attempting to have charges dropped in the case.
On Thursday, June 15, 2017, at around 11:34 a.m., Moises Chequete, of Hesperia, was walking north on Santa Fe Avenue. Benjamin Jordan Harrity, 20, of Hesperia, was according to the Hesperia Police Department, driving a blue 1992 Chevrolet Corsica when he struck Moises from behind. Harrity did not stop to provide aid to Moises and continued driving.
A witness called 911 and provided a vehicle description as they followed the suspect vehicle. While driving the witness updated dispatchers with the location of the suspect vehicle. Deputies arrived when Harrity was near Yucca Street and C Avenue in the City of Hesperia. As Harrity was being arrested, emergency medical personnel rushed Moises to Desert Valley Hospital, where he died as a result of his injuries. Harrity was arrested and was determined to be under the influence. He was booked into the jail for Felony Hit and Run and Vehicular Manslaughter while Intoxicated.
On January 8, 2019, Harrity who remains out on bail appeared at the Victorville Superior Court for a hearing. Harrity’s attorney presented a mental health diagnosis and treatment plan to the judge according to court records. The judge ordered a Mental Health Diversion Hearing, scheduled for April 12, 2019, at the Victorville Superior Court. If the defense is successful in presenting their case with the diagnosis and treatment plan, all criminal charges may be dismissed and the arrest record would be sealed.
If Harrity is not granted the Mental Health Diversion, which is part of SB 215 and became effective in June 2018, he will be sentenced somewhere between 4-10 years in prison if convicted.
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