Troy man charged with DUI homicide in death of former Libby resident
A Troy man is facing a DUI homicide charge after his alleged involvement in a crash last month that took the life of a former Libby resident.
Terren Craig Winebark, 21, is charged with vehicular homicide while under the influence, or in the alternative, negligent homicide.
The Lincoln County Attorney’s Office filed the charges July 19.
His bond was set at $100,000. According to the Lincoln County Sheriff’s Office, Winebark was booked into the jail on July 13 and released on July 15.
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, 21-year-old David Joshua 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. For negligent homicide, the maximum sentence is 20 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.