PORT ANGELES — A jury acquitted Lovera M. Blackcrow of vehicular homicide last week, three months after the same charge was dropped against the other driver involved in the 2009 wreck that claimed the life of Shelly M. Bartlett.
The reason for the acquittal Thursday in Clallam County Superior Court was simple, said her attorney, Karen Unger:
It could not be proven that Blackcrow, though driving drunk, caused the woman’s death.
Blackcrow, 31, had a blood-alcohol level of 0.123.
The jury found her guilty of driving under the influence.
“There’s got to be a connection between impairment and the accident,” Unger said.
Guilty of DUI
That connection wasn’t there, she said, because it was car trouble, not her client’s impairment, that led to the tragedy.
In the early morning hours of Aug. 16, 2009, Blackcrow of Port Angeles was driving northbound on Dry Creek Road when she came to the stop sign at Edgewood Drive, authorities said.
But as she began to take a left turn onto the other road, the motor of her Ford Expedition died.
An approaching motorcycle driven by Port Angeles resident Roger D. Mallicott, with Bartlett on the back, braked hard to avoid the vehicle.
Bartlett, 45, of Sequim was ejected from the motorcycle and hit the Expedition.
She died at Harborview Medical Center in Seattle from head injuries.
Authorities said Mallicott, 48, was also drunk, further complicating who should be held responsible.
Citing that he could not prove beyond a reasonable doubt that Mallicott caused Bartlett’s death, Clallam County Deputy Prosecuting Attorney John Troberg filed a motion to dismiss his vehicular homicide charge Dec. 1.
Mallicott still faces a charge of driving under the influence, but a trial date has not been set.
Justice was done
Troberg, who prosecuted the Blackcrow case, was out of the office Friday and could not be reached for comment.
County Prosecuting Attorney Deb Kelly said that because she didn’t prosecute the case, she was the “wrong person” to ask why Blackcrow’s vehicular homicide charge also wasn’t dropped.
Kelly said all she could say is that “basically, the difference is based upon” the review of evidence by expert witnesses.
“I can’t elaborate on specific evidence,” she said.
Unger said Blackcrow was sentenced to one day in jail for the DUI conviction. That time was served while she was in custody before the trial.
Her client faced between 31 to 41 months in prison if convicted of vehicular homicide, she said.
Kelly said she still felt justice was done.
“The jury decides what justice is,” she said.
“In this case, they decided it was a DUI,” Kelly added.
Earlier in the case, Judge Brooke Taylor slapped the Prosecutor’s Office with a $500 fine for incorrectly saying that Mallicott was a member of the Hells Angels motorcycle club and that Unger “apparently” was the club’s attorney.
The erroneous statement was made by Erika Soublet, who no longer works at the office.
Kelly appealed the sanction to the state Court of Appeals.
Unger said the court has not ruled on the appeal.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
