Troy man guilty of DUI homicide returned to jail before release

A Troy man who pleaded guilty to DUI homicide in Lincoln County District Court was back in the county jail after recent allegations he violated his terms of release. 

Terren Craig Winebark, 21, who was released on Nov. 29, was charged with vehicular homicide while under the influence, or in the alternative, negligent homicide after a June 23 two-vehicle accident claimed the life of his friend, 21-year-old David Joshua Patterson. Patterson was a former Libby resident. Winebark’s sentencing is set for Dec. 18. 

Winebark was arrested at about 6:10 p.m. Wednesday, Nov. 22 at the Troy Bowling Alley after District Judge Matt Cuffe signed a bench warrant on Nov. 20 for his arrest following a motion by county Attorney Marcia Boris.

The motion to revoke his release was filed following accusations that Winebark missed two alcohol tests earlier in November. Part of his conditions of supervised pretrial release are that he must submit multiple alcohol tests each day.

During a hearing on Monday, Nov. 27, Boris presented evidence that Winebark missed tests on Nov. 10 and Nov. 18, each at 12 a.m.

Travis LaVanWay of Compliance Monitoring Systems, based in Kalispell, testified that Winebark missed tests on the previously mentioned dates and that those are considered violations.

“If a person misses a test, we submit the information to the Lincoln County Sheriff’s Office,” LaVanWay said. 

LaVanWay also explained how the testing worked.

“The facial features must match the person during daily remote breath testing. Typically, the person decides the time of the testing,” LaVanWay said. “If the equipment didn’t work, it would be noted. The person has one hour to blow through the device.”

Winebark had a choice of testing methods. One included being tested at the Sheriff’s Office twice a day while the other was for remote testing.

Winebark’s attorney, Sean Hinchey, asked LaVanWay, “If his company’s policy was to test three times, then why would he be testing four times per day?”

LavanWay responded, “Sometimes the client makes the request or a special order is made by the judge.”

On redirect, Boris asked LaVanWay what his company’s testing policy was and he said three times per day.

Lincoln County Probation Officer Vanessa Williamson also testified on video. 

“Winebark contacted me and said he was out of cell service and didn’t know if his test on Nov. 10 had went through,” Williamson said.

When Boris asked Williamson if it would be unusual for a person to be out of service at 12 a.m., she replied, “I felt it was earlier in the day. I wouldn’t have answered at 12 a.m. if he contacted me.”

But Williamson quickly corrected herself and said she would have answered her phone.

“I didn’t recommend a revocation and I told him to make the next test, then I waited to see if there was a violation,” she said.

Williamson explained the events of Nov. 18, the date of Winebark’s next alleged missed test.

“I got a voice mail, texts and messages from Terren and a family member about a missed test,” Williamson said. “Terren said he overslept and it wouldn’t allow him to take the test. I told him to check with CMS (Compliance Monitoring Systems) about a malfunction. I didn’t follow up with CMS about the missed test.”

Boris asked her if it’s important to determine if he is drinking. Williamson said, “Yes.”

When Hinchey cross examined Williamson he asked her who usually files a petition to revoke.

“Myself or the Lincoln County Attorney’s Office,” she said. “I would’ve investigated the missed tests and decided with the county Attorney’s Office.

“I told Terren to check with MCS and a subsequent test proved negative and there were no other violations,” Williamson said.

Hinchey pointed out that Winebark had successfully completed hundreds of tests following his release from the county jail on July 15 on a $100,000 bond.

In Cuffe’s Nov. 28 written order, he determined Winebark could remain free on a release on his own recognizance, but he would now have to wear a SCRAM bracelet, a device that monitors alcohol consumption. Winebark would have to pay for the device.

Cuffe wrote in his order that, “would adequately protect the community.”

In addition to Winebark’s current conditions of release, which include not using or consuming alcohol or entering bars or casinos, he is now not allowed to possess or use illegal drugs, drug paraphernalia or marijuana. Winebark is also not permitted to gamble, use or possess or be in control of any firearms, knives, ammunition or other types of weapons, including chemical agents.

Williamson will remain his supervision officer.

In addition, Cuffe cited the conflicting testimony offered during Monday’s hearing.

“He (Winebark) testified he slept through the alarm on the two missed tests and allegedly told his supervising officer his breath test wasn’t accepted and that he was out of service,” Cuffe wrote. “Regardless, the missed tests were violations of his supervision. 

“Taking into account the testimony, his history of compliance and state’s agreement by way of a deferred sentence and other statutory factors, the court is satisfied with a release on his recognizance with additional conditions,” Cuffe wrote.

Winebark, who appeared with Hinchey in court on Oct. 30, pleaded guilty to vehicular homicide while under the influence. During the hearing Hinchey alluded to the fact that Winebark and Patterson took turns behind the wheel on the night of the fatal accident, but that Winebark was driving during the crash.

According to court documents, a plea agreement between Hinchey and county Attorney Marcia Boris calls for Winebark to receive a 6-year deferred sentence. It also calls for the defendant to be placed in a DUI treatment program and for a negligent homicide charge to be dismissed.

According to the court file, Patterson’s grandparents and Troy residents, David and Sheila Patterson, wrote a letter dated Oct. 4 to Cuffe asking for leniency on Winebark’s behalf.

“David would spend time with us in the summer and he and Terren would play together. Terren grew up in Troy while David grew up in Libby. They reconnected while snowmobiling in the local mountains. They became closest of friends, best friends,” they wrote in the letter.

“Since that day, Terren has shown deep remorse and has a desire to make better choices. His efforts toward rehabilitation include his commitment to maintain stable employment and is actively participating in drug and mental health treatment.

“There isn’t a sentence harsh enough that could compare to the guilt and remorse Terren is experiencing and will continue to experience for the remainder of his life,” the letter continued.

“People ask us, ‘How could you write a letter of support when you have lost your grandson?’ We say, ‘How can we not support Terren? We have lost one life, we don’t need to lose another.

“Your honor, we need something good to happen from all this tragedy and sorrow,” the letter concluded.

The Lincoln County Attorney’s Office filed the charges July 19. According to the Lincoln County Sheriff’s Office, Winebark was booked into the jail on July 13 and released on July 15.

Winebark initially pleaded not guilty at an Aug. 7 hearing before District Judge Matt Cuffe.

Lincoln County Justice Court Judge Jay Sheffield ordered Winebark to participate in a sobriety program and submit to two daily alcohol tests or remote breath testing or transdermal alcohol monitoring. Missing tests or the indication of alcohol use could land Winebark back in jail.

According to Montana Highway Patrol Trooper Jack Fendt, Patterson was a passenger in a Saturn Ion driven by Winebark when it crashed into a 2017 Dodge Durango driven by 26-year-old Jory Rubeno.

The crash occurred at about 1:24 a.m. June 23 at the intersection of U.S. 2 and North Second Street. Fendt’s incident report indicated alcohol, drugs and speed were suspected factors in the crash.

Tpr. Fendt wrote in a report that was used in charging Winebark that he responded to the scene of the accident after a Troy police officer sought his assistance. Fendt saw, photographed and measured several skid marks on the road.

The marks measured 297 feet which led Fendt to believe the Ion was traveling faster than the posted 25 miles per hour limit. The passenger side of the Ion was heavily damaged while the Durango had heavy damage on the rear passenger side.

Fendt wrote that the Ion was traveling east on U.S. 2 when it applied its brakes and began to rotate in a counterclockwise direction. Fendt spoke with Rubeno, the driver of the Durango, and he said he was leaving the Town Pump gas station while attempting to make a left turn and head east on U.S. 2. Rubeno said he looked both ways and pulled out. He saw headlights approaching at a high rate of speed and couldn’t get out of the way before the collision.

The trooper learned a deputy with the Lincoln County Sheriff’s Office attempted to get blood samples from both drivers. Rubeno consented while Winebark refused the blood draw.

After Fendt completed his on-site investigation and secured both vehicles, he spoke with an off-duty Troy dispatcher who said he saw the Ion driving recklessly before the crash, according to the court document. The dispatcher said the Ion was traveling east toward Libby and the driver kept turning its head lights on and off, drove fast and was all over the road. The Ion stopped at a construction zone stop light where the dispatcher was able to clearly identify the license plate and called it in. The dispatcher said the Ion then turned around and headed toward Troy.

Tpr. Fendt reported he couldn’t get a legal blood draw from Winebark, but hospital staff did take his blood for lab work. County Attorney Marcia Boris filed a subpoena for the blood work.

Fendt attempted to speak with Winebark the following day, he the defendant was in and out of the hospital for surgeries and on painkillers prescribed for injuries he sustained in the crash.

A conviction for DUI homicide may result in a state prison term of 30 years. 

Winebark faced legal trouble in Lincoln County three years ago when he was accused of punching a minor in the face and breaking his jaw. According to court documents, the youth was taken to Kalispell for surgery. Winebark pleaded not guilty, but a charge of aggravated assault was dropped when attorneys for both sides couldn’t maintain contact with or receive evidence from the alleged victim.