Libby woman could avoid jail for homicide

Sue Linette Wilson, a 48-year-old Libby woman, has entered a plea of nolo contendere to a felony charge of negligent homicide in Montana’s 19th Judicial District Court under an agreement in which the Lincoln County Attorney has recommended she spend no time in jail.

Wilson was initially charged Dec. 31, 2014, with one felony count of vehicular homicide while under the influence or, alternatively, negligent homicide one felony count of negligent vehicular assault and two misdemeanor counts of the same offense. If convicted on all counts, Wilson was facing up to 62 years in prison and fines of up to $152,000.

The charges stem from a Dec. 20, 2012, motor vehicle collision in which 67-year-old Linda Dabel of Libby was killed and several others were injured.

According to documents filed in district court, Wilson was driving eastbound on U.S. Highway 2 at approximately 3 p.m. when she lost control of her vehicle, crossed the center line and struck an oncoming vehicle, driven by Dabel.

In his supplemental crash report, Montana Highway Patrol Sergeant Duane Bowers detailed the results of his investigation.

“I immediately began taking photographs of the scene and began measuring it utilizing a calibrated rolo-tape with the assistance of Trooper Baerveldt to preserve what little evidence I had,” Bowers wrote. “Due to the damage location on both vehicles, it was apparent that the driver of the eastbound Bronco (later identified as Sue Wilson) lost control of her vehicle on the snow covered roadway. After fishtailing several times, her vehicle slid across the center line into the opposite (westbound) lane of traffic and was struck broadside on the driver’s side by the westbound minivan whose driver was later identified as Linda Dabel.”

According to the report, Trooper Baerveldt noticed a prescription for morphine on the floor of Wilson’s Bronco. Sgt. Bowers assigned the case to Trooper Bryce Ford, who then performed blood draws on both drivers.

“As I worked on measurements, Trooper Baerveldt advised me that he located a doctor’s prescription for morphine on the floor of the Bronco,” Bowers wrote. “Trooper Bryce Ford arrived on-scene a short time later at 1522 hours. Due to the serious nature of the crash, injuries sustained and the possibility of a fatal injury, I assigned Trooper Ford as lead investigator and instructed him to go to the hospital to begin interviews and blood draws on both drivers. I also advised him of the morphine prescription on the floorboard of the Bronco and suggested he check for the presence of that drug in the blood draw request.”

Trooper Ford took over the investigation from Sgt. Bowers. During his investigation he found Wilson’s vehicle was lacking tread on the rear tires, which he reported could have also been a significant factor in the crash.

“In my opinion, based on the investigation, Ms. Wilson was eastbound on Highway 2 in the 1990 Ford Bronco when she lost control of the vehicle in the slush and ice causing the vehicle to slide into the oncoming traffic lane striking the westbound Dodge,” Ford wrote in his report. “It is also apparent that the rear tires on the Bronco and the lack of tread on them contributed greatly to the loss of control of the vehicle and the resulting crash.”

Under the terms of the plea agreement, Wilson entered a plea of nolo contendere, or no contest, on the single charge of negligent homicide. The other five charges listed in the complaint will be dismissed. The no contest plea is not an admission of guilt under Montana law, just an admission that the prosecution likely has enough evidence to secure a guilty verdict in a court of law. In exchange for the plea, Lincoln County Attorney Bernard Cassidy has recommended Wilson receive a six-year deferred imposition of sentence. 

Under the deferred sentence, Wilson will effectively be on probation for the six-year period. Should she successfully complete the terms of her probation, she can petition the court to have the charges dismissed. Should she violate the terms, the sentence can be revoked without trial and she could be sentenced to the maximum penalty allowed for the negligent homicide charge, which is a fine of up to $50,000 and 20 years in prison.

Judge James Wheelis accepted the no contest plea and referred Wilson to Adult Probation and Parole for a pre-sentence investigation. After the investigation, the probation and parole officer will recommend a sentence to the court. Judge Wheelis is under no obligation to accept the prosecution’s recommended sentence, nor is he obligated to go with the recommendation of the pre-sentence investigation. If he rejects the prosecution’s recommended sentence Wilson will have the opportunity to withdraw her plea and stand trial on all of the charges leveled against her.

Wilson is due back in court for sentencing Jan. 25, 2016.