A state prosecutor wants to drop vehicular homicide charges against the woman accused of killing a Belgrade pedestrian in 2008.
County Attorney Marty Lambert says since he cannot use evidence proving Lora Kathryn Whitmore was legally drunk when she hit the woman on Jackrabbit Lane, he does not have a case.
Lambert filed a motion to dismiss Whitmore's charges Friday.
Because Judge John Brown tossed out crucial evidence, particularly Whitmore's blood-alcohol level after the incident, "the state lacks the ability to prove a crucial element of the crime," Lambert wrote. "Without evidence of the defendant's blood results, the state cannot prove with any certainty how much alcohol the defendant actually consumed."
Whitmore, 31, of Bozeman, was charged with vehicular homicide while under the influence on Nov. 11, 2008, after she hit 56-year-old Chong Suk Everett on Jackrabbit Lane around 10:20 p.m.
Neither Whitmore nor her passenger denies that Whitmore's vehicle struck Everett as the Belgrade woman was walking home. But, according to court documents, they claim the woman, wearing dark clothing, appeared suddenly in front of Whitmore's vehicle.
Tests taken more than two hours after the incident indicated Whitmore's blood-alcohol level was over the legal limit. However, her attorneys successfully argued to have those results thrown out as evidence because her blood was taken without her consent.
Brown also agreed to suppress damning statements Whitmore made to Belgrade police immediately following the incident because she was interrogated without an attorney and before she was read her Miranda rights.
"The key evidence demonstrating the defendant's impairment was (her) blood-alcohol concentration of .14 and the legal presumption that" people with a concentration level above .08 are impaired, Lambert wrote. Without that evidence, "the state cannot establish that the defendant's ability to operate a motor vehicle safely was diminished. Moreover, without clear evidence of alcohol impairment, the state cannot prove that such impairment caused Ms. Everett's death."
In his motion to dismiss the case, Lambert said that according to witnesses, "the defendant's driving prior to striking Ms. Everett was not impaired," he wrote. Witnesses said she "was not operating her vehicle erratically or at a high rate of speed prior to" the crash and that she was driving "at or below the speed limit."
Whitmore's attorneys said Monday they were pleased with the county attorney's decision to drop the charges.
The state had to prove three things: "That Lora negligently drove, that she caused the accident and that she had a blood-alcohol level in excess of .08," her attorney Bill Bartlett said. "There's no proof of that. Unlawful police conduct resulted in exclusion of that proof thus the government is unable to prove any of the three elements they were required to."
"We want to acknowledge that our thoughts are with the Everett family," Whitmore's other attorney Mark Luebeck said. "We realize that they've really agonized over their loss.
"But we're elated the county attorney has finally decided to dismiss this case."
According to a court memorandum filed in July, Whitmore had previously agreed to plead guilty to the lesser charge of criminal endangerment in exchange for a three-year deferred sentence. Though it was never filed, Brown was not inclined to accept that plea because Whitmore had a deferred sentence in 1998 for felony possession of controlled substances in Texas. Montana law does not permit a defendant a subsequent deferred sentence.
Brown has not yet ruled on the state's motion.
Jodi Hausen can be reached at jhausen@dailychronicle.com or 582-2630. Read her blog at jhausen.wordpress.com or follow her on Twitter @bozemancrime.
mississippi posted at 4:50 pm on Sat, Aug 28, 2010.
Totally disgusted. What goes around, comes around. So, Whitmore and those closest to her better watch it.
lintix posted at 11:38 pm on Wed, Aug 25, 2010.
"It is time that we changed the vehicular homicide rules in Montana, if you kill someone, does it matter whether you were drunk or not? Whether you were drunk, talking on the phone, or eating; it doesn't matter. What matters is were you driving in a reasonable and prudent manner."
Yeah, except that was not the case as described, and apparently she was driving reasonable and prudent. What is reasonable and prudent, language such as that was in our state constitution in the driving speed laws, and was thrown out by the US Supreme Court as unconstitutional and undefinable.
"Such an incredible loss with no price to pay for being intoxicated behind the wheel."
Since your police force is inadequate to the task, you should blame them.
"If you did something wrong you did something wrong... it should not matter that the Belgrade police screwed up somewhere, you should not be able to get off on a "technicality" I dont understand the law when it comes to that. Like if someone sees me shoot a person, and i admit it to the police, if they loose the gun and i did not have a lawyer present, i can get off? stupid... ya know what I'm saying."
Technicality what are you actually that stupid, without these protections, there is no means by which we can hold police officer's accountable to ensure that they do not blatantly disrespect out rights, because they think they are better than us. Unfortunately if it was not for these rights, cops like those in Belgrade and the one in Bozeman (who last year mentioned that if he could he would arrest people for being stupid) would have too much power. The more power we give to the BAD cops the harder it becomes for us to remain calling ourselves "free."
samnikkev3 posted at 5:14 pm on Wed, Aug 25, 2010.
Suki was a fabulous woman. She would have given you the shirt off her back. She was not and did not ever walk in the middle of the road and should not have ever been hit. She should still be here and still would be here if....but since she isn't, can't there at least be justice for her family and friends? You don't know how hard it is not to say it how I'd really like to.
You will always be remembered and forever missed. Love ya!!!! <3
beautifullife posted at 7:38 pm on Tue, Aug 24, 2010.
"We want to acknowledge that our thoughts are with the Everett family," Whitmore's other attorney Mark Luebeck said. "We realize that they've really agonized over their loss."
What a complete and total slap in the face to the Everett family. My heart truly goes out to this family. Whitmore should not be able to walk away free and clear after murdering someone with her vehicle. The Everett family has lost a friend, wife, and mother.
Such an incredible loss with no price to pay for being intoxicated behind the wheel.
What a crock. I'm more pissed than is possible to articulate. Now this woman can head back to the streets so she can slay my children.
Holly Brown is an Awful Judge posted at 5:13 pm on Tue, Aug 24, 2010.
Belgrade police, one again showing their inability to follow the most basic of rules. Come on, a 6th grade kid knows about Miranda rights these days.
It is important to remember that these 'technacalities' are important aspects to our Constitution and keep us all from a over encroaching government. Remember, some people think that the Right to Bear Arms is a technicality in the 2nd Amendment! We certainly don't want our Constitutional rights eroded.
This is the Belgrade Police Officers fault, not Judge John Brown's nor Marty Lambert's.
Although, really Mr. Lambert, couldn't you at least charge her with Reckless Driving and throw her in jail for a few weeks?
cins posted at 4:30 pm on Tue, Aug 24, 2010.
If you did something wrong you did something wrong... it should not matter that the Belgrade police screwed up somewhere, you should not be able to get off on a "technicality" I dont understand the law when it comes to that. Like if someone sees me shoot a person, and i admit it to the police, if they loose the gun and i did not have a lawyer present, i can get off? stupid... ya know what I'm saying
marvinthemartian posted at 1:00 pm on Tue, Aug 24, 2010.
should be something like involuntary manslaughter, or even assault with a deadly weapon.
MinusTheBear posted at 12:30 pm on Tue, Aug 24, 2010.
Must have used her Get Out of Jail Free card on that turn eh?
nucleus posted at 10:47 am on Tue, Aug 24, 2010.
It is time that we changed the vehicular homicide rules in Montana, if you kill someone, does it matter whether you were drunk or not? Whether you were drunk, talking on the phone, or eating; it doesn't matter. What matters is were you driving in a reasonable and prudent manner.
miller2006 posted at 6:20 am on Tue, Aug 24, 2010.
She took a life and gets off with no punishment? Really good job Belgrade police, do they have to pass a test or just have to be able to sit in their car and talk on their phones? like I see everyday. Its a shame, maybe that officer should lose his job? or take the place of her in Jail for screwing up.
R_Sixxer posted at 12:39 am on Tue, Aug 24, 2010.
1. Good Job Belgrade Police and lack of a detective that knows wtf he is doing.
2. karma is a b|tch