PORT ANGELES — A 44-year-old Neah Bay man, arrested following a Tuesday afternoon crash that put three children in hospitals, was released Thursday without bail while one child remained in critical condition.
Following the two-vehicle collision, Matthew T. Herz was incarcerated in the Clallam County jail for investigation of two counts of vehicular assault and three counts of reckless endangerment.
He walked out of jail Thursday without bail and will remain free while the investigation continues into the crash, said Deputy Prosecuting Attorney Matthew Roberson.
Herz’s first appearance was scheduled for Thursday, but the 72-hour hold that could have been placed on him would not have provided enough time to complete the investigation and decide on charges, Roberson said.
Roberson said investigators must await State Patrol toxicology tests on Herz’s blood, obtained through a search warrant, that can take three months to a year.
A small bag of crystalline powder suspected to be methamphetamine that authorities found following the crash also must be analyzed, according to a State Patrol arrest report.
A 10-year-old Neah Bay girl was in critical condition Thursday and a 5-year-old boy was in stable condition at Harborview Medical Center in Seattle after the two-car collision at Salt Creek Bridge near Joyce, said State Patrol spokeswoman Trooper Chelsea Hodgson.
The girl was ejected from the vehicle, according to the arrest report, which said the 5-year-old was her brother.
She had multiple rib fractures and a possible brain injury, according to the report.
Neither the girl nor Herz were wearing seat belts, according to the State Patrol.
Herz was treated and discharged from Olympic Medical Center before he was arrested and jailed.
Another 5-year-old boy who was in Herz’s vehicle was treated at OMC and discharged, Hodgson said.
Herz had an appearance scheduled Thursday in Forks-area District Court 2 on a failure-to-appear warrant on a charge of third-degree driving while license suspended.
According to the State Patrol, two adult passengers were in Herz’s Chevy Trailblazer.
Tasha N. Moss, 31, of Port Angeles, was treated at Olympic Medical Center and discharged, while Jade A William, 30, of Neah Bay, was stabilized at OMC and transferred, OMC spokeswoman Bobby Beeman said.
Beeman said she could not say where Williams was transferred because of federal privacy laws.
The State Patrol report said Williams had “substantial” injuries, including broken ribs and a lacerated spleen.
Herz, travelling eastbound on U.S. Highway 112, failed to slow for an eastbound vehicle in front of him that was making a left turn into a driveway, according to the arrest report.
Herz applied his brakes and went into the westbound lane, according to the report.
He and a westbound Ford Explorer driven by William T. Lee, 67, of Port Angeles collided. Lee veered his vehicle its right but could not fully exit the roadway because of a guardrail, according to the report.
The front end of the Explorer struck the left rear of the Trailblazer as both vehicles rotated before coming to a stop.
Lee was treated at OMC and discharged.
Herz told the State Patrol he was traveling from Neah Bay to Sequim and said he was passing another vehicle when his tire blew out, according to the report.
He responded to questions in a disjointed manner, said he had taken Suboxone that morning and denied having used methamphetamine, according to the report.
“Mr. Herz remained in a mellow state of being and never inquired about his passengers,” according to the report.
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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 55650, or at pgottlieb@peninsuladailynews.com.
