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Judge orders jail in vehicular manslaughter case

KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 10 years, 9 months AGO
by KEITH KINNAIRD/Hagadone News Network
| March 11, 2015 9:00 PM

SANDPOINT - A Washington man was ordered on March 3 to serve 210 days in jail for accidentally killing a motorist in a head-on collision on U.S. Highway 2 near Oldtown last year.

Christopher Dale Jewsbury tearfully apologized to the family of Amy Lynn Brady, a retired U.S. Navy veteran and single mother who was killed in the crash.

"There's not a day that goes by where I don't think of Amy Lynn Brady," Jewsbury said as he turned to face the family. "I am so sorry."

Idaho State Police said Jewsbury was driving westbound in a GMC Sierra pickup when he crossed the center line, sideswiped an oncoming sport utility vehicle and then crashed into Brady's Chrysler 300 sedan.

Brady, 39, a Pend Oreille County resident, was instantly killed in the March 14, 2014, crash. Jewsbury, 50, of Spokane, was seriously injured and wheelchair-bound for nine months after the crash.

Jewsbury told state police he fell asleep behind the wheel, crossed into the oncoming lane of travel and was unable to take evasive action when he awoke.

Although cocaine and marijuana were detected in Jewsbury's system, the state lacked the evidence to sustain an allegation that he was under the influence of intoxicants at the time of the collision.

"There was no evidence that I would have been able to present that directly linked those chemicals with any impairment of driving capacity," Bonner County Deputy Prosecutor Roger Hanlon said during the hearing.

As a result, Jewsbury was charged with vehicular manslaughter at the misdemeanor level, a decision to which Brady's mother and brother have taken particular exception.

Hanlon said the evidence of marijuana use was inadmissible because it was obtained through a urinalysis conducted by Kootenai Health instead of a state police-certified lab. Moreover, the urinalysis detected a metabolite of marijuana's psychoactive ingredient, which Idaho case law does not recognize as an intoxicating substance.

A blood draw analyzed by an ISP lab detected a metabolite of cocaine in Jewsbury's system but that also happens to be the ingredient of a topical pain reliever, Hanlon added.

Hanlon recommended a one-year jail term with six months suspended and a two-year driver's license suspension.

Public defender Susie Jensen argued for a six-month term with all but 20 days suspended so Jewsbury does not risk losing his business or home. She emphasized that Jewsbury is genuinely remorseful about Brady's death and acknowledges the devastation it has caused.

"Mister Jewsbury has to live with his actions. He lives with that every day," Jensen said.

Jewsbury's friends and family described him as a caring person with a strong work ethic.

"He didn't intentionally go off to hurt anybody," said Jewsbury's brother, William. "He's not a bad man."

Brady's mother, Lesley Miller, tearfully described her anger and disbelief upon hearing of her daughter's death and ultimately learning that the state was not seeking a felony charge against Jewsbury. Miller appealed to state and federal officials to pressure for a more robust prosecution of Jewsbury.

"It's about getting justice for Amy," said Miller. "I feel like this is our last shot."

Miller has assumed guardianship of a Brady's 11-year-old son. Brady also has an 18-year-old daughter.

Brady's brother, James, excoriated Hanlon's prosecution of Jewsbury and scoffed at a proposed six-month sentence, which he said undermines the public's trust in government and is an insult to his sister's service to the country.

"This is half the time my family has been waiting for the wheels of justice to turn and bring Amy's killer to the point we find ourselves at today," said Brady.

Brady's daughter, Jessica, did not attend the hearing, although a letter she wrote was read into the record.

"I dream about my mom still being alive almost every night just to wake up and realize that she's not. It brings me back to that day every single time I dream of her and I feel like I lose her all over again," Jessica Brady wrote.

Judge Lori Meulenberg said she spent a considerable amount of time thinking about the case and its effect on Brady's family and Jewsbury himself.

"You are going to have to serve some time in jail because this is horrific and it was your actions that caused this," Meulenberg said.

Meulenberg imposed a 360-day sentence with 150 days suspended.

Meulenberg said she lacked the ability to elevate the charge against Jewsbury and explained that she was not imposing the maximum custodial sentence of a year in jail because it would deprive the court of its ability to require two years of supervised probation and 150 hours of community service.

Jewsbury, who is now on crutches, will be furloughed from the jail for a month so he can undergo another surgery to repair a broken leg.

Restitution and whether Jewsbury will be granted work release will be addressed at a subsequent hearing.

ARTICLES BY KEITH KINNAIRD/HAGADONE NEWS NETWORK

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