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Manslaughter trial postponed again Posted: Sunday, Mar 12, 2006 - 03:14:13 pm PST By KEITH KINNAIRD News editor
SANDPOINT -- A jury trial has again been postponed in the case of a Washington state man charged with accidentally killing a passenger in a rollover crash at Garfield Bay. Dustin Paul Trevino's trial on charges of vehicular manslaughter and aggravated drunken driving was set to start on Monday, but an expert witness for the defense is unavailable, forcing it to be pushed back to this summer.Trevino's five-trial is now scheduled to start on July 11. Counsel on both sides of the case met in 1st District Court Thursday and Monday's trial date was confirmed, although defense attorney Doug Phelps later went before Judge Steve Verby again and advised him the expert witness had a scheduling conflict.
The defense witness is an expert who trains law officers in conducting field sobriety and blood alcohol concentration tests, in addition to arrest techniques. Phelps said the witness is crucial because of the lag time between the fatal crash and when his client was tested. District Judge Steve Verby was displeased with the late notice from Phelps. Verby pointed out he is handling 500-600 criminal cases a year and has less than 12 weeks in which to try them. "How does the math work?" Verby asked Phelps. Bonner County Deputy Prosecutor Roger Hanlon objected to yet another delay, telling Verby his witnesses from out of the area and state had already booked their travel plans in anticipation of Monday's trial. Hanlon added that Phelps had disclosed that expert witness only 10 days prior. "It's just time for this case to be tried," he said. Trevino's trial has been postponed more than three times since the deadly crash on July 17, 2004. Most of the delays have resulted from problems with witness -- and in at least one case defendant -- availability. Verby reluctantly agreed to move the trial, but warned Phelps he would not tolerate any more last-minute developments requiring another delay. Trevino, 25, is accused of speeding down an unpaved part of Garfield Bay Cutoff Road and rolling the Toyota 4Runner he was driving. A passenger in the sport utility vehicle, 24-year-old Eric Dan Wylie, was critically injured in the crash and died at a Seattle hospital a few days later. Wylie's brother, Jordan, also was injured but survived. The Wylie brothers' father, Cal, is tiring of the repeated delays, but felt Hanlon did what he could Thursday to keep the trial on track. Cal Wylie acknowledged Trevino's right to due process, but questioned if that right should trump those of surviving victims. "Yeah, he's got rights," Cal Wylie said. "But so do we." POST YOUR OPINION
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Bonner County Daily Bee
P.O. Box 159 / Sandpoint, Idaho 83864 / 208-263-9534
Bonner County Daily Bee Online is updated at 10am PST.