A judge Wednesday dismissed aggravated vehicular homicide charges against two men stemming from a fatal truck race last month.
In a brief decision letter, Natrona County Circuit Judge Steven Brown ruled Corey Campbell's "own actions were the proximate cause of his death."
Campbell died when his pickup crashed as he raced his friend, Donald Walsh, along North Poplar Street at about 7:45 p.m. on Aug. 8. The men had been driving from one bar to another and both had blood alcohol concentrations more than double Wyoming's legal limit, police say.
Following the crash, prosecutors charged Walsh, 23, with aggravated vehicular homicide, which carries a maximum prison sentence of 20 years. A second man, Dennis Norris, 21,was accused of aiding and abetting vehicular homicide by allowing an intoxicated Walsh to drive Norris' truck.
Walsh, Norris and Campbell, along with two other men, had been drinking alcohol at the Sandbar Lounge before deciding to drive to Sidelines Sports Bar. The crash happened along the way as Walsh and Campbell raced up North Poplar Street.
Natrona County District Attorney Mike Blonigen said Wednesday afternoon he hasn't decided how to proceed in light of Brown's ruling. His office could either appeal Brown's decision, file new charges or drop the matter.
Walsh was also charged with driving under the influence, causing serious bodily injury. Norris was accused of aiding and abetting that crime. Blonigen said from his perspective, it wasn't clear what Brown's ruling meant for those charges.
Walsh's attorney, Richard Jamieson, declined comment on Wednesday's decision. Norris' attorney, Tom Smith, did not return a message left at his office.
Prosecutors presented their case last week at a preliminary hearing to determine whether charges against Walsh and Norris should move forward to district court. After nearly two hours of testimony and arguments, Brown decided to review the cases before making his decision.
Brown, in his ruling, noted that Campbell did not wear a seat belt and was speeding on a curved road with a blood alcohol concentration of 0.21. In Wyoming, a person is presumed too drunk to drive if his blood alcohol level is 0.08 or above.
Tests taken after the crash showed that Walsh had a blood alcohol concentration of 0.19. Norris' was 0.13.
The judge also pointed out prosecutors did not present evidence that the two pickups made contact as they raced.
Walsh's actions, Brown wrote, "did not rise to the level of either sole cause or substantial cause."
Witnesses told police that as the two pickups entered a curve in the road, Campbell's truck drove off the street, jumped the curb and went down a hill. He was thrown from the pickup and died at the scene.
At the hearing, prosecutors presented evidence that Norris, because he was too drunk to drive, offered his Dodge pickup keys to Walsh, who'd also been drinking.
Brown wrote that the facts in the case did not meet the probable cause standard for aiding and abetting a felony.
"It would be absurd to impose on a drunk the obligation to soberly and rationally ensure the sobriety of the designated driver or volunteer if the drunk was too drunk to drive," Brown wrote. "Society should encourage the surrendering of keys in bar situations, not impose duties."
According to police, both trucks were traveling more than 80 mph around the time of the crash.
Reach crime reporter Joshua Wolfson at (307) 266-0582 or at josh.wolfson@trib.com.
Posted in Local on Thursday, September 4, 2008 12:00 am | Tags: Donald Walsh, Dennis Norris, Vehicular Homicide, Judge Steven Brown, Natrona County, Casper, Wyoming, Wolfson, September 4, 2008
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