Attorney believes former American Idol contestant Caleb Kennedy will get bond in felony DUI case

No decision on bond was made Thursday by the judge overseeing the felony DUI death case involving former American Idol contestant Caleb Kennedy of Roebuck.

At a bond hearing requested by Kennedy's attorney Ryan Beasley, 7th Circuit Court Judge Grace Gilchrist Knie said she will deliberate before sending her decision by email to 7th Circuit Court Solicitor Barry Barnette and Beasley.

"I am going to draft written instructions for the order," Judge Knie said during the virtual bond hearing. "I know this is extremely important to everyone. I am going to give this serious consideration. I will issue a decision as quickly as I can, hopefully in the next day or two."

Beasley asked that a $20,000 bond be set because Kennedy cooperated with law enforcement following the Feb. 8 crash that killed 54-year-old boat repairman Larry Duane Parris of Pacolet in his driveway along West Murph Road.

After the hearing, Beasley said he is confident Judge Knie will release Kennedy on bond.

"She knows as good as anybody this kid should have gotten a bond," Beasley said. "I'd be shocked if (Kennedy) didn't (get bond)."

Barnette declined to comment after the hearing.

Kennedy, 17, of Roebuck, was charged with felony DUI resulting in death and has been held without bond at Spartanburg County Detention Center since the incident. He faces up to 25 years in prison and a fine of $10,100 to $25,100 if convicted.

Barnette said Kennedy admitted taking a hit that day from a vape pen that contained marijuana prior to the crash.

At previous bond hearings, judges said they would only consider a bond request after the toxicology report for Kennedy is received from the S.C. Law Enforcement Division.

Toxicology report reveals THC, Prozac

Beasley said he received the report, which showed "only trace amounts of THC and Prozac."

Barnette said the report showed the presence of 1.5 nanograms per milliliter of THC, as well as 66 grams of Prozac.

"He only took one hit from a vape pen," Beasley told Judge Knie. "You can't tell whether he was impaired from the THC or the Prozac."

During Kennedy's court appearances, the South Carolina chapter of Mothers Against Drunk Driving has opposed bond for Kennedy, at the request of the Parris family.

Steven Burritt, regional executive director, said that unlike alcohol, where a blood/alcohol content of above .08% is illegal, state law does not set a level that determines how much THC in a person is illegal in a DUI case.

"The main DUI law that is used in our state does not even state .08 blood-alcohol content is the standard," Burritt said. "It only says that the person cannot be 'materially and appreciably impaired.'

"People can certainly get convicted of DUI with under a .08 BAC and even if alcohol is the only thing in their system. That's part of why the law still works even if it's a drugs-only situation – demonstrating they were materially and appreciably impaired is still the goal."

Caleb Kennedy timeline: From American Idol to felony DUI charge, jail, after fatal wreck

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Attorney: Caleb Kennedy 'is fine mentally'

In arguing for bond, Beasley said after the crash, Kennedy "remained on the scene ... he was holding Mr. Parris in his arms, apologizing profusely. Caleb is not a flight risk or a danger to the community."

Beasley said if Kennedy is released on bond, he would stay with his mother, submit to a mental health assessment and continue to get treatment from his doctor.

"He is fine mentally at this time, getting treatment on a regular basis," Beasley said.

Larry Parris' widow asks for no bond

During the hearing, Parris' tear-filled widow spoke briefly, asking that no bond be set.

"He killed my husband," Donna Parris said.

Barnette also asked that no bond be set, saying Kennedy remains "a possible danger to the community … he is a possible danger to himself."

Beasley, in asking for the bond, called the incident "a terrible, terrible accident."

"He was on his way to see his girlfriend in Union ... had a bad reaction," Beasley said. "We're talking about a freak situation in the middle of the day. It makes no sense."

Attorney: Caleb Kennedy treated unfairly because of American Idol fame

Beasley cites 2 recent felony DUI cases

Beasley said he's seen worse felony by DUI cases where bond was granted. He cited a case handled by Barnette last September in which a 17-year-old male from Greenville was charged with felony DUI death.

Jackson Smith was arrested after a crash that left a 20-year-old woman dead. Smith's blood-alcohol level was .184, more than twice the legal limit of .08, according to prosecutors.

"Jackson Smith was caught on camera speeding away from officers at 4 a.m. and smashed into the back of another vehicle, killing 20-year-old Lizette Soto Diaz," Beasley said.

The judge set a $40,000 bond in that case, placing Smith under house arrest with GPS monitoring.

"The facts in the Jackson Smith case were much more egregious than Caleb's case," Beasley said.

Barnette responded by saying that case was much different than Kennedy's case, and that all cases are different.

Contact Bob Montgomery at bob.montgomery@shj.com. Please support our coverage of Spartanburg County with a digital subscription.

This article originally appeared on Herald-Journal: Judge: No decision on bond in Caleb Kennedy's felony DUI death case