Trial postponed in Ledyard crash case

The trial of a father accused of severely injuring his two daughters when he crashed his car into a pool in Ledyard has been postponed while the defendant, Marcus T. Harvin, undergoes a competency evaluation.

Harvin, 27, was scheduled to go on trial Monday in New London Superior Court. This week, defense attorney John Williams notified Judge Barbara Bailey Jongbloed that Harvin may not be competent to stand trial.

At a hearing Friday morning, Jongbloed postponed the trial and ordered Harvin to undergo a competency evaluation, according to court officials.

Prosecutor Sarah W. Bowman is expected to argue for an increase in Harvin’s bond at a hearing on Monday. Harvin is free on $50,000 bond, having recently been released after serving a six-month sentence for violation of probation.

Harvin was on probation for an August 2013 conviction for driving under the influence of alcohol or drugs when he was charged with fleeing police, crashing his car into a telephone pole and landing his Acura upside down in a swimming pool on Baldwin Hill Road in Ledyard on May 25, 2014.

His 2-year-old daughter’s arm was nearly severed in the crash, and her 4-year-old sister suffered a broken ankle, according to police.

Harvin’s blood alcohol content was 0.293 percent, more than three times the 0.08 percent legal limit for driving, and toxicology tests indicated he had marijuana in his system.

Following the crash, he was charged with driving under the influence of alcohol or drugs, two counts of second-degree assault with a motor vehicle, two counts of risk of injury to a minor, first-degree reckless endangerment, reckless driving, failure to obey an officer’s signal and violation of probation.

In May, Judge Susan B. Handy presided over a violation of probation hearing at which prosecutor Sarah W. Bowman called several witnesses, including Harvin’s probation officer, a New Britain police officer and three Ledyard police officers who were involved in the crash investigation.

Handy found that Harvin had violated the terms of his probation and sentenced him to six months in prison.

The standard of proof for a probation violation hearing is “a fair preponderance of the evidence.”

A jury will have to find that the state has proven “beyond a reasonable doubt” that Harvin committed the crimes.

In taking the case to trial, Harvin turned down an offer to plead guilty in exchange for a sentence of 15 years in prison, suspended after eight years served, followed by five years or probation.

If found guilty of all the crimes, Harvin faces up to 38 years in prison.