Man pleads not guilty to 2 deaths
Jesse Davis | Hagadone News Network | UPDATED 12 years AGO
A Kalispell man who was at the wheel last month when his Jeep Cherokee collided head-on with a pickup truck — killing his own passenger and the other driver — has pleaded not guilty to two homicide charges.
Joseph Powell, 56, entered the pleas Thursday in Flathead District Court to two felony charges of vehicular homicide while under the influence. His arm was still in a sling at the hearing. Powell broke his arm and dislocated his right hip in the crash.
Montana Highway Patrol Trooper Ed Sievers said Powell was northbound on U.S. 93 near Fir Terrace at approximately 8:40 p.m. Oct. 17 when he crossed into a southbound lane, colliding head-on with the truck.
The driver of the truck, 43-year-old Brian Delaney of Kalispell, was killed instantly, while Powell’s passenger, 43-year-old Patrick Moulton, was taken to Kalispell Regional Medical Center, where he later succumbed to his injuries.
A court document alleges Powell was unresponsive to questioning while he was in the hospital but would occasionally open his eyes. Troopers reported Powell smelled of alcohol and his eyes were bloodshot.
Due to Powell’s unresponsiveness to statements about implied consent, his blood was drawn and sent to the state crime lab for analysis.
After being released from the hospital the day after the crash, Powell allegedly agreed to speak with law enforcement officers, admitting to drinking several beers over the course of one to two hours prior to the crash, according to the court document.
If convicted of both charges, Powell faces up to 60 years of incarceration and a fine of up to $100,000. He is currently incarcerated in the Flathead County Detention Center, where his bond is set at $250,000.
His next hearing is set for March 5.
Reporter Jesse Davis may be reached at 758-4441 or by email at [email protected].
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