The case against a Franklin County woman facing four misdemeanor charges stemming from a fatal motor vehicle accident is on hold pending the results of a court-ordered mental examination.
Pam Hester, 66, remains free on bond awaiting the results of a mental examination conducted by a State of Alabama Department of Mental Health forensic evaluator.
Franklin County Circuit Judge Brian Hamilton ordered the mental examination for Hester after a motion filed by Franklin County District Attorney Jeff Barksdale requested the same.
Hamilton’s order was signed April 9, 2024, and according to Hester’s attorney, Jeff Bowling of Russellville, the examination has been completed and now the parties are awaiting the report from the evaluator.
The purpose of a court-ordered mental examination is twofold: To determine the defendant’s mental capacity at the time of the alleged offense and whether she was able to understand and appreciate the nature and quality of her actions, and to determine whether the defendant is able to understand the charges he or she is facing and is competent to aid in his or her own defense.
The burden of proving, by clear and convincing evidence, that a defendant meets the criteria of severe mental disease or defect falls on the defense under Alabama law.
Hester faces two counts of Criminally Negligent Homicide and two counts of Assault Third Degree. The first two are based on Hester allegedly causing the death of 34-year-old Jennifer Fretwell and her 11-year-old son Jase in a September 27, 2023, two vehicle accident on Highway 43 North.
According to police reports, Hester was traveling north on 43 after turning out of Hester Heights subdivision. Moments later, her vehicle hit the median and she began traveling north in the southbound lane of 43. The impact with Fretwell’s vehicle occurred in front of the former Catfish Haven restaurant. According to Fretwell’s family members, Hester did not have her headlights on at the time of the accident, approximately 10:15 p.m.
When a Franklin County Grand Jury indicted Hester on four misdemeanor charges, that did not sit well with Fretwell’s family, who believed the more appropriate charge would have been manslaughter.
According to the police investigation, Hester is believed to have early onset dementia at the time of the accident. She is now residing in a residential facility.
In March 2024, Fretwell’s sister, Nikki Murray, told the Franklin Free Press her family had seen videos where Hester was talking about the accident with other people. She questions how Hester could be unable to understand her actions at the time of the accident if she discussed it with other people after the fact.
Murray also told the FFP she and her family would work to have a law passed in Alabama that requires the revocation of a person’s drivers license once he or she is diagnosed with dementia. Additionally, the family wants to see mandatory reporting by family members and/or doctors to the Alabama Department of Public Safety in such cases.
A petition started by Fretwell? family on #3c61aa;">www.change.org will be presented to Alabama legislators. As of November 1, 2024, there was 1,479 signatures on the petition.
The court’s ruling on Hester’s mental competency will dictate what happens next in the case. If granted, the prosecution would effectively end until such time (if ever) when Hester would understand the nature of the charges she’s facing.
If the motion is denied, the case will move forward in Franklin County Circuit Court for trial.
As with any defendant facing criminal charges, Hester is presumed innocent until proven guilty beyond a reasonable doubt.
