Ex-councilman Orr guilty of careless driving charge

D.C. Orr, the Libby businessman and former City Council member who was ticketed for careless driving in September, was found guilty Tuesday of the infraction during a bench trial in which Justice of the Peace Stormy Langston presided.

Orr, who represented himself, said he will appeal the verdict that was handed down in Libby Municipal Court. Langston, in addition to being a County Justice of the Peace, is the Eureka Municipal Judge.

“Absolutely not,” said Orr when asked whether justice was served in the case.

Langston, who listened to about 1 hour and 40 minutes of testimony, took nearly 15 minutes to decide against Orr, who lost his re-election bid in November to retain his seat on the Libby City Council.

City Attorney James Reintsma prosecuted the case and called just two witnesses, Frank Munroe and Libby Police Sgt. Terry Watson.

Munroe, an Environmental Resources supervisor, was standing in the road at Riverfront Park during remediation work ER crews were performing last Sept. 21.

For nearly 40 minutes Reintsma questioned Munroe as he went through the events of the day up until Munroe alleged Orr drove past him at “40 to 50 mph” and then offered him a finger gesture while driving on the City Service Road.

“He came so close to me his mirror missed me by inches,” Munroe said. “The wind from his vehicle was blowing my hair. As he went past, he leaned over and flipped me off.”

Munore detailed how he felt vulnerable against the orange construction fence, which went right up to the road.

Reintsma stressed that ER crews were working in a construction area and that while there were no reduced speed limit signs for the construction, lower speeds should be understood.

Munroe detailed how Orr went past the site initially, was taking photographs of workers and then “came back a second time.”

Munroe said he heard Orr’s loud vehicle and that the vehicle was coming right at him, before detailing the close approach.

During cross-examination of Munroe, Orr attempted to establish a perceived animosity the EPA and ER has toward Orr, who is a known critic of the procedures of ER and the ongoing cleanup of sections of Libby.

Reintsma objected, stating the EPA and ER were not on trial, but this case involved “the alleged careless driving habits of Mr. Orr on the day in question.”

Langston sustained Reintsma’s objection.

Admittedly, Orr performed well as his own attorney, as Langston just once told him she was giving him a little leeway because he was acting as his own attorney.

Orr tried to establish that the two men previously had not been introduced, but it was Munore who contended while there was no formal introduction, they had done work on a septic system together.

However, that familiarity unraveled when the two could not agree who dug the hole for the septic system.

“Yes, but I dug the hole,” Orr contended.

“No, (pause) I dug the hole,” Munroe countered.

Orr questioned why Munroe, if he felt threatened by the alleged closeness of his driving, why he waited more than an hour to call the police.

“I’m sure if you would have hit me, I would have called (911) right away,” Munore said, indicating it was near the end of the day — 5:30 p.m. — and that he needed to get to a day-care facility to pick up his daughter.

“Yes, it scared me,” Munroe said of the closeness of the vehicle pass.

Orr, for his part, showed resourcefulness in that he showed the discrepancy in Munroe’s written report to police, and the report written by Sgt. Terry Watson, who also testified, indicted that Orr swerved toward Munroe.

“No, he didn’t swerve,” Munroe said. “He just came right at me.”

Orr called just one witness in his defense, that of Michelle Hartley, who offered a telephoned testimony.

During Hartely’s testimony, she indicated she was driving in a vehicle behind Orr and that he was proceeding down the City Service Road (east) at a rate of speed that did not exceed “five or 10 mph,” and that he neither was driving directly toward Munroe nor did he swerve.

As Reintsma cross-examined Hartley, he tried to establish a common-interest friendship, that of being critics of EPA practices in Libby.

Hartley objected to that association, saying that she often e-mailed Orr, but that his name among several, multiple addressees on the e-mail.

“I knew Mr. Orr to be one of the good guys,” Hartley said indicating their longtime friendship dating back to high school. “He’s a longtime friend and associate.”

Reintsma asked Hartley whether she corresponded with Orr frequently, to which she took exception.

“I think you need to define frequently,” Hartley quipped back.

During closing arguments, Reintsma reiterated the EPA and ER were not on trial, but that the driving of Orr was on Sept. 21.

“If you consider the testimony, you will find Mr. Orr guilty of careless driving,” Reintsma concluded.

Orr, during his closing arguments, attacked Munroe, stating he was not a credible witness.

“There were all these other people out there that day. Why are there no other people here today testifying,” Orr said.

Langston found Orr guilty of careless driving, a misdemeanor, which carries a $100 fine and $85 in costs for court.