10 years suspended for fatal wreck
A 34-year-old Columbia Falls man was given a 10-year suspended sentence after he pleaded guilty to a charge of felony negligent homicide in a fatal wreck on U.S. 2 in 2010.
According to court records and a Montana Highway Patrol investigation, David Elmer was driving a passenger car on Jellison Road about 10 a.m. on June 24, 2010. He said he pulled out onto the highway after looking both ways and then heard a loud noise followed by the air bags deploying.
The driver of a motorcycle on U.S. 2 that collided with Elmer’s vehicle, David Schmidt, was pronounced dead at the scene.
The investigating Highway Patrol trooper reported finding no adverse road conditions, the painted lines and stop sign were clear and visible, and vehicles leaving Jellison Road had good visibility in both directions.
A blood sample taken from Elmer was sent to the Montana State Crime Lab. Analysis revealed Elmer had 28 micrograms per milliliter of THC, the psychoactive compound in marijuana, and 77 micrograms per milliliter of THC-COOH, a metabolite of THC.
Elmer was charged with felony negligent homicide and faced up to 20 years in prison and a $50,000 fine.
Elmer’s attorney filed a motion in September 2012 to suppress the THC evidence, claiming the blood draw was an illegal search that violated Elmer’s Constitutional rights. She said the search was based on a “mere observation” by the investigating trooper, and that while Elmer had agreed to a breath test, he never consented to a blood test.
The Flathead County Attorney’s Office responded by noting that according to state law, any person who operates a vehicle on a state road is considered to have given consent to a test of the person’s breath or blood to determine any measured amount or detected presence of alcohol or drugs in the person’s body.
Flathead County District Court Judge Stewart Stadler agreed with the state in his findings of fact, conclusions of law, and order. He also concluded there was no need for the defense to see the motorcycle, which had been sold, or Elmer’s car, which had been crushed and disposed of in a wrecking yard.
Elmer pleaded guilty to felony negligent homicide after signing a plea agreement. He was sentenced by Judge Ted Lympus on March 21.