PORT ANGELES – A key piece of evidence in a nearly three-year-old vehicular homicide case will not be admitted in court, forcing the prosecutor to consider different charges against Gary Alan Gilbeck, 34, of Port Angeles.
Gilbeck is charged with vehicular homicide in a fatal 2004 head-on collision on U.S. Highway 101 that killed 57-year old Klaus Steinhorst of Sequim.
Clallam County Superior Court Judge George Wood decided Wednesday to exclude from evidence a toxicology report based on blood drawn from Gilbeck after the crash.
The report showed Gilbeck had mixed alcohol with a prescription anxiety drug known to cause drowsiness.
But Gilbeck did not properly give permission for his blood to be drawn as he was being treated at Olympic Medical Center less than two hours after the crash, Wood decided.
“It was an important step for us, an important win for us,” said John Hayden, attorney for Gilbeck.
The report was an major piece of the Clallam County Prosecuting Attorney Office’s case against Gilbeck.
“It’s impacted the state’s case,” said Tim Davis, the deputy prosecutor handling the case.
“I’m looking at my options.”
The crime of vehicular homicide can involve one of three situations: driving under the influence, driving recklessly or driving with disregard for the safety of others.
With the toxicology report no longer admissible as evidence, Davis said he may consider changing the charges based on Gilbeck’s driving.
Hayden said he’s waiting to see what happens.
“I’m very interested to see how the state proceeds, if they choose to proceed.
