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  Driver Charged In Horrific Jan. 10 Fatal Crash May Not Go To Trial  
  Negotiations Underway To Reach Plea Agreement:   July 13, 2017 Edition  
     A 32-year-old Boardman woman still awaits trial on a charge of aggravated vehicular homicide in the death of a 23-year-old woman on Tues., Jan 10.
      Nicole Mitchell has been lodged in the Mahoning County Jail since Jan. 11. She faces a variety of other charges, including fleeing a police officer and driving under the influence of drugs or alcohol.
      Mitchell, of 125 Argyle Ave., was driving a Honda that police believe fled from them after a reported shoplifting incident at Walgreens, 7295 Market St., about 1:00 a.m. on Jan. 10.
      After a brief pursuit that was called off due to icy road conditions, the Honda was found by police near the corner of Zedaker and Compton Lane in Youngstown, just a short distance away from Duvall’s home.
      Police and witness reports indicated the Honda was driven by Mitchell and struck some type of barrier and flipped, and Duvall was seen hanging out of the car, leaving a 10-ft. trail of blood along its path.
      Former Mahoning County Deputy Coroner, Dr. Joseph Ohr, said that Duvall died of “devastating head and neck injuries” when the car rolled onto its side, leaving Duvall underneath the vehicle as it was sliding along the road.
      Police indicate Mitchell fled from the crash scene and was found a short distance away, hiding under a plastic swimming pool with the keys to the Honda still in her possession.
      Toxicology tests showed the drugs were found in Mitchell, as well as Duvall.
      Indications are that Mitchell will never go to trial on the charges, and negotiations have been ongoing in an attempt to reach a plea agreement.
      Mitchell is represented by one of the Mahoning Valley’s top defense attorneys, J. Gerald Ingram.
      Representing the Mahoning County Prosecutor’s Office is Atty. Marybeth DiGravio.
      On Mar. 22, according to court records, Mitchell “irrevocably” waived her rights to a speedy trial. On June 21, Judge Jack Durkin said that negotiations were ongoing and the matter was reset for a final pre-trial hearing on July 5, and then Judge Durkin continued the case and set the case for a hearing on Mon., July 17.
      Police believe Duvall stole $86.99 worth of merchandise, including $26.99 worth of diapers, and ten units of deodorant from Walgreen’s during the early morning hours of Jan. 10. She got into a car driven by Mitchell and died in the traffic crash less than an hour later.
      Court records also show that Mitchell, also known as Nicole Miladore, was arrested in May, 2010 on felony charges of tampering with drugs and possession of drugs.
      She told the court she had no money and received court-appointed counsel, at public cost.
      Three months after her arrest, the court amended the drug charge to aggravated menacing “to benefit [Mitchell/Miladore] because she is receiving federal financial aid and would lose that if she if convicted of a drug offense.” That same day, Aug. 4, 2010, Mitchell/Miladore entered a plea of guilty to the menacing charge.
      She was sentenced by Mahoning County Common Pleas Judge Lou D’Apolito to serve six months in the county jail and given credit for serving one day in jail. According to court records, Mitchell/Miladore’s remaining jail time was suspended and she was placed on non-reporting probation.
      In Sept., 2008, Mitchell/Miladore was charged with trafficking in drugs and trafficking in marihuana, both felony offenses. She received a court-appoint attorney for those charges that were reduced to misdemeanor ‘attempted trafficking’ charges by Judge Charles J. Bannon and she was found guilty of one count of attempted trafficking and received no jail time.
      Judge Bannon ruled “The court finds...under the circumstances of this case, a non jail sanction is appropriate and the defendant should be placed on a period of community control...A term of 180 days in the county jail [is suspended...Defendant is not to violate any laws...is no to cause harm or threat of harm to any persons or property...”
 
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