KNOXVILLE, Tenn. — A drunk driver who killed his passenger and then tried to blame her for the wreck was convicted in a four-day trial this week.
DA Charme Allen's Office said Monday that Harlan Virgil Ferguson, 32, was convicted of vehicular homicide, evading arrest, reckless endangerment, and driving under the influence.
Following the conviction, Judge Bob McGee set the case for sentencing on Nov. 7.
During the trial, Assistant District Attorneys Heather Good and Joe Welker explained to the jury that on Feb. 3, 2016, Ferguson drove recklessly, passed a vehicle on Emory Road in the wrong lane of traffic, and crossed the double yellow line.
The DA's office said the vehicle he passed was an unmarked police car driven by Knox County Sheriff’s Office Chief David Henderson who was in the area assisting on another case.
"Henderson radioed ahead to another officer who activated his emergency equipment and tried to block Ferguson from endangering any other motorists," the district attorneys' office said.
He reportedly left the roadway and went into a ditch to get around the police car before continuing down the road.
"Officers lost sight of Ferguson briefly until they saw him crossing the intersection of Emory Road and Bell Road in the wrong lane of traffic," the report said.
He made it approximately one-half mile past the intersection before he ran off the road an struck a tree head-on. The passenger in his car was partially ejected.
Officers pulled Ferguson from the driver’s seat as the vehicle became engulfed in flames, the report said.
"Ferguson suffered a broken leg and hip and was extracted from the driver’s seat, yet at trial, he claimed he switched positions with the passenger after the wreck," according to the DA's office.
The hospital drew Ferguson’s blood and, according to prosecutors, testing revealed his blood alcohol concentration to be 0.18 which is more than twice the legal limit.
The passenger was transported to the University of Tennessee Medical Center where she died as a result of injuries.
Vehicular homicide is a Class B felony that carries a punishment between eight and twelve years. The release said prosecutors plan to seek an enhanced sentence due to the nature of the offense.
