The district attorney's office in Nashville has filed a motion for a hearing to revoke Todd Harrell's $100,000 bond on charges including vehicular homicide.
The hearing will be next Friday, the day of Harrell's arraignment in Davidson County Criminal Court, said Nicholas Keiffer, court clerk for Judge Mark Fishburn. The judge will hear both matters that day, Keiffer said.
The prosecutors' move to revoke bond came after Harrell's second arrest in D'Iberville on a charge of DUI other substance Tuesday night. After that arrest, 3 Doors Down announced the band has suspended Harrell indefinitely.
Harrell, 42, helped form the rock band in Escatawpa in 1996 and was its bassist until his arrest on the homicide charge last April.
Edward Ryan, Harrell's Nashville attorney, said he has not seen the motion but the district attorney's office has discussed it with him.
Harrell was convicted of a DUI involving prescription drugs in D'Iberville after a crash with minor injuries in 2012. He had appealed the DUI but a judge upheld his conviction in a bench trial Jan. 8. The two pending cases allege Harrell has continued to drive impaired by prescription drugs.
Harrell's new D'Iberville charge, a second-offense DUI, is a misdemeanor. It's punishable by five days to a year in jail, a fine of $600 to $1,500, license suspension for up to two years and 10 days to a year of community service.
The request to revoke his Nashville bond shows how laws differ between the two states. In Mississippi, a defendant with a pending felony who is arrested on a new felony doesn't qualify for a bond revocation unless the new charge is punishable by five or more years.
"The law (on bond revocation) is not like that here," Ryan said.
"With any new arrest, the DA can make a request to revoke bond. It's up to the court to weigh the issues of the new case versus the old case, the safety of the citizens and other legal principles."
The court could decide to change the conditions of Harrell's release in a way that would not require revoking his bond, Ryan said.
In Tennessee, vehicular homicide by intoxication or drug impairment is punishable by eight to 30 years in prison. Mississippi's version of that charge, driving under the influence in a crash resulting in death, is punishable by five to 25 years.
Harrell is accused in the death of Paul Shoulders Jr., 47, who died after a crash with Harrell on April 19. Harrell is accused of speeding on Interstate 40 while impaired and striking the back of Shoulders' pickup truck.
Online court records show Nashville police said Harrell appeared to be confused after the crash and admitted drinking hard cider earlier that evening and taking Lortab and Xanax.
No alcohol showed up in his system in a breath test, but Harrell refused to give a blood sample and allegedly told police he was concerned about narcotics showing up in a drug test. Police obtained a court order to get a blood sample.
Once he was taken to jail, a plastic bag was found in his right sock. Records show the bag contained eight Xanax pills, 24 oxycodone pills and four oxymorphone pills. Police allege Harrell had no proof of a prescription for the oxycodone.
3 Doors Down suspended Harrell last summer pending resolution of the homicide case. On Thursday, the band suspended him indefinitely and issued this statement:
"We take this action to protect the image and integrity of the band and to encourage Todd to address and resolve his problems."