Defendant pleads to criminally negligent homicide; victim’s family tells court 'we don't hate you'

David Allen Freed pleaded guilty on the record to an amended count of criminally negligent homicide and was placed on supervised probation for one year under Tenn. Code Ann. § 40‑35‑313, the court said.

During a plea colloquy, the prosecutor summarized the state’s evidence the jury would have heard: police would have testified the crash occurred Aug. 29, 2024 in Stewart County when the defendant’s Miata misnegotiated a curve, the vehicle flipped and ejected passenger Braxton James Madden, and toxicology revealed THC but experts would have testified it had not yet reached the victim’s system. The state told the court the negotiated resolution was reached with the consent of Madden’s family.

A member of the victim’s family spoke in court during the plea, apologizing for informal attire and telling Freed, “we don’t hate you,” and that they were not seeking prison. Judge Ver described the family’s remarks as unusually forgiving and noted the plea agreement proceeded with their blessing.

Judge Ver accepted the plea, dismissed the remaining counts that had been part of the indictment, and ordered Freed to serve one year of supervised probation under Tenn. Code Ann. § 40‑35‑313. As conditions of probation the court required Freed to attend a victim impact panel and to pay court costs; the court directed him to see probation staff before leaving the courtroom.

The court conducted the standard plea advisements, confirming Freed understood his rights to a jury trial, to confront witnesses, to have appointed counsel if necessary, and that by pleading guilty he waived those rights. Freed affirmed he entered the plea voluntarily.

The court recorded on the docket that the disposition reflected the family’s wishes and that the agreed outcome would permit Freed to apply to have the record expunged after successfully completing probation as provided under the statute.