Critchley files motion to dismiss
Published Wednesday, March 26
By Jeff York
For the Daily Corinthian

SELMER, Tenn. -- Troy Critchley's attorney has filed a motion to dismiss the charges against his client in the Cars for Kids tragic accident.
The motion says the indictment should be dismissed because Selmer city officials participated in and authorized the event.
Robert Hutton, attorney for Critchley, filed the motion in McNairy County Circuit Court to dismiss the indictment based on "Entrapment by Estoppel."
The "Entrapment by Estoppel" defense is where the government misleads you into thinking it is okay to participate in an event and then prosecuting at a later time, according to the motion.
Critchley has been charged with six counts of vehicular homicide by reckless conduct and 22 counts of vehicular assault by reckless conduct. The vehicular homicide charges are class C felonies and carry a penalty of three-to-six years for each count. Aggravated assault is a class E felony, and each count can carry a sentence of one-to-two years.
McNairy Co. Circuit Court Judge Weber McCraw will hold a hearing June 15 on the motion to dismiss. A trial date has been set for Nov. 3.
"We are going to aggressively defend the merits of this case," Hutton said. The dismissal motion says Selmer city officials participated in the event by closing Hwy. 64. Selmer Police Chief Neal Burks positioned the crowd along the street where the burnout was to occur and Selmer firefighters provided water for the burnout.
The motion says that Critchley is employed as a driver of pro-modified drag race cars. Critchley drives a 1993 pro-modified Corvette drag car owned by Besst-Thomas, Inc.
Critchley was asked to be a part of the charity show by his employer and a team sponsor. He agreed to donate his time to participate in the event, according to the motion.
The Besst-Thomas, Inc. team was specifically asked to have two of its cars perform exhibition burnouts. The burnouts had been a part of the annual event's parade for years.
A "burnout" occurs when the racing car tires are watered and then spun in such a way that the tires heat, smoke and become sticky. A burnout is performed prior to every drag race as a prep for the tires, there is also a tremendous entertainment value for fans in watching an exhibition burnout even without a race. Critchley has performed 1,000 exhibition burnouts in the past without incident, including more than 20 burnouts for charitable events.

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