SANDPOINT — A motion to dismiss has been filed in the case of a Bonner County man accused of trying to dodge culpability for accidentally striking a Lake Pend Oreille School District student with his pickup truck.

Jason Dwight Newsome pleaded guilty to a misdemeanor charge of failing to report the Oct. 26, 2017, collision in Sagle. He was subsequently charged with leaving the scene of a injury crash, a felony, due to the severity of the boy’s injuries, which included a broken leg.

Newsome’s defense counsel, Sandpoint attorney Fred Palmer, moved to dismiss the case on March 19, arguing that the felony prosecution of his clients violates his constitutional rights.

“This motion is based on constitutional protections against double jeopardy set forth in the U.S. and Idaho constitutions,” Palmer said in the motion.

Bonner County Deputy Prosecutor Katie Murdock argues the motion should be denied because it was filed outside the deadline to bring such a motion, court records indicate. Murdock further argues that Newsome was charged with two separate and distinct offenses, not the same offense.

“The offenses the defendant is charged with in this case are not the same offense, nor is one included offense of the other, therefore the motion should be denied,” Murdock said in the March 22 response.

A hearing on the motion is set for April 20.

Newsome, a 37-year-old Cocolalla resident, is accused of hitting the 7-year-old at a bus stop on Gun Club Road. Newsome loaded the boy into his pickup truck and delivered the boy at his family’s home, but failed to provide his name, according to court documents. Newsome emerged as a suspect after his wife phoned Bonner General Health and claimed she was the driver of the truck.

Idaho State Police challenged that account and Newsome allegedly confessed his involvement, a trooper testified.

Judge Justin Julian ruled during a preliminary hearing that Newsome upheld his obligation as a motorist to render aid, but held that he was further obligated to identify himself after the crash.

Newsome, who is free on his own recognizance, pleaded not guilty to the charge, clearing the way for a three-day jury trial in 1st District Court.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.