Negligent homicide results in no jail time

A Libby woman will serve no jail time after entering a plea of no contest to a charge of negligent homicide stemming from a December 2012 motor vehicle accident that claimed the life of 67-year-old Linda Dabel of Libby. Sue Linette Wilson entered the plea  in November 2015, after coming to an agreement with the Lincoln County Attorney’s Office in which the state would recommend the deferred sentence for the crime. 

Carl Dabel, the victim’s widower and husband of 30 years, implored the court to reject the deferred sentence recommendation and send Wilson to drug rehabilitation and then place her on probation with a condition that any positive test for drugs result in a life sentence.

“My wife is in the ground and she gets probation” Dabel said in court Monday. “I don’t think that’s right.”

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.

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 ordered 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.”

Wilson will spend six years on probation. Any violation could result in her facing the maximum penalty under law for the negligent homicide charge. She has also surrendered her driving privileges during the term of her probation.