Troy man in custody following sentencing in DUI homicide

A Troy man who pleaded guilty to DUI homicide in the death of former Libby resident David Joshua Patterson last summer is in custody at the Lincoln County Detention Center after his sentencing Monday in district court.

Terren Craig Winebark, 21, received a 6-year deferred sentence from Judge Matt Cuffe. He will also be placed in the Warm Springs Addiction, Treatment and Change Program for continued treatment. He originally faced 30 years in the Montana State Prison.

Winebark’s attorney, Sean Hinchey, said a bed is available at the facility.

Hinchey also sought to relieve his client of some of the financial obligations he faced and the chance to be able to drive again.

“I’d like to ask that some of the fines be suspended and that he can be eligible to drive a motor vehicle,” Hinchey said while addressing Cuffe. “He’s been working in the construction field, too. Not to minimize what happened, but both of them were back and forth in the driver’s seat and Terren happened to be in it when the accident happened.”

County Attorney Marcia Boris opposed both of Hinchey’s suggestions due the gravity of the situation.

Cuffe ordered Winebark will still be responsible for $5,000 in fines and nearly $2,400 to the compensation fund. Cuffe also said the defendant is not permitted to use marijuana, alcohol or dangerous drugs during the period of the deferred sentence. He ruled that an interlock device and his ability to drive will be at the discretion of the probation officer.

“I think this deal is an appropriate resolution,” Cuffe said. “It’s a significant tragedy and it’s a preventable tragedy. It’s admirable how hard the attorneys have worked to get a resolution that will get Terren the help he needs.

“Bad decisions were made all around, but he is a low likelihood to reoffend and the support of the Pattersons mattered a lot,” Cuffe added.

Winebark spoke and apologized to the Patterson family.

“I can’t imagine what you’ve went through and I appreciate your support. Dave was my best friend,” Winebark said.

Winebark pleaded guilty to vehicular homicide while under the influence on Oct. 30. 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.

Winebark received credit for serving eight days in the county jail. Most of the time behind bars was in late November after authorities alleged he missed two alcohol tests earlier in the month. Part of his conditions of supervised pretrial release were that he submit multiple alcohol tests each day.

Winebark told Lincoln County Probation Officer Vanessa Williamson that he was out of cell service on Nov. 10 and that he overslept on Nov. 18.

Cuffe’s did determine that Winebark could remain free on a release on his own recognizance, but had to wear a SCRAM bracelet, a device that monitors alcohol consumption. 

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.

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.

Winebark faced legal trouble in Lincoln County nearlt four 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.