Family of Troy residents killed in DUI homicide oppose plea deal

Family members of two Troy residents who died in a DUI-related crash in November 2022, opposed a plea deal for the man who pleaded no contest to the crimes Monday morning in Lincoln County District Court.

David Daniel Lefell, 68, formerly of Troy, entered the pleas on two counts of felony vehicular homicide under the influence. Lefell, who was represented by attorney Jessica Polan Wright, said he was, "very happy" with his attorney following a question from District Juge Matt Cuffe.

But he initially hesitated when first asked by Cuffe if he thought it was likely he'd be found guilty in a jury trial. He then agreed it was likely he'd be found guilty.

The charging document indicated Lefell was under the influence of marijuana at the time of the crash on Nov. 7, 2022, on U.S. 2 that resulted in the deaths of 87-year-old Robert Basham and 69-year-old Bobby Joe Basham.

Local attorney Amy Guth said the family of the men will oppose the terms of the deal between Polan Wright and Lincoln County Attorney Marcia Boris. It calls for a six-year suspended sentence.

"The family believes it'll be an injustice for him (Lefell) to receive a probationary sentence for killing two of their loved ones," Guth said.

Guth said family members also took issue with the fact they didn't find out about the plea hearing until Thursday, March 14. 

Cuffe set Lefell's sentencing for 1:30 p.m. Monday, May 6. Polan Wright said Lefell had filled out the required paperwork for the pre-sentence investigation, which Cuffe ordered be completed before sentencing.

Lefell first pleaded not guilty in Lincoln County District Court on March 20, 2023. He then appeared in court on Oct. 10 with Polan Wright. She explained that her client had flown to Montana from Hawaii, where he lives and works, for the hearing. He sought the chance to appear on video from his home in Hawaii for a Nov. 6 pre-trial hearing.

Boris did not oppose the motion and Cuffe granted the request.  

Lefell was first lodged in the Lincoln County Detention Center after pleading not guilty at his arraignment on March 20. Lefell posted $100,000 bail on May 11 and was released. Polan made a motion to have his bail reduced from $150,000, Boris didn't object and Cuffe granted the motion.

On May 18, Lefell put up a 2.17-acre property he owns, identified in court records as Westgate Business Addition, for the property bond. Then on June 22, Lefell, through Polan, made a motion to the court so he could travel to Honolulu, Hawaii on July 10. It was approved.

Polan also made a motion to have a six-month jail sentence Lefell received from Lincoln County Justice Court Judge Jay Sheffield excluded from evidence that could have been presented at trial. There was no objection from the prosecution and Cuffe signed the order.

Lefell still must abide by many release conditions, including remaining law abiding, no use of illegal drugs, marijuana or alcohol and not driving a motor vehicle.

According to the affidavit of probable cause by Montana Highway Patrol Trooper Virgil Sadewasser, he arrived at the scene of the two-vehicle accident near mile marker 27 at 2:50 p.m. Monday, Nov. 7, 2022. Other first responders were on the scene and an adult male was being loaded into an ambulance before leaving for Cabinet Peaks Medical Center.

Bobby Joe Basham, the driver of a 2017 Chevy Cruze, died at the scene of the accident, and his father, Robert Basham, had been taken to the hospital where he died later that day.

According to Sadewasser, the Cruze was facing north in an eastbound lane with the rear bumper resting on a concrete barrier and heavy front-end damage. The front windshield was broken and the airbags were deployed. He also reported the seat belts were locked in an unused position.

A 2004 Dodge Ram R15 truck was in the eastbound lane facing east. The front bumper, grill and passenger fender were damaged and the front passenger headlight was broken. The driver side seat belt was locked out in the extended position, according to Sadewasser’s report. He also said the road didn’t show many marks due to ice covering the surface.

Sadewasser went to Cabinet Peaks Medical Center and identified Lefell as the driver of the Dodge truck. When he interviewed the accused man, Lefell allegedly said the accident was 100% his fault and he was guilty. Lefell’s blood was drawn and a toxicology report indicated Lefell was under the influence of marijuana.

Sadewasser then interviewed Bruce Basham, Robert’s son, at his residence where he lived with Robert and Bobby. Bruce said both men were at his house the day before the crash. He said they left on the day of the crash to take a trip.

According to Sadewasser’s report, Lefell spent the previous 24 hours at his temporary residence at 1574 Schoolhouse Lake Road. Lefell allegedly told the trooper he smoked marijuana the previous night. He also said he left to travel to Rosauers in Libby to get apples to feed the local deer when the accident happened.

Sadewasser reported that Lefell lost control of the eastbound Dodge and crossed the centerline into the westbound lane and struck the Cruze. The trooper reported Lefell was driving too fast for the slick road conditions. He was also cited for driving while his license was suspended.

The maximum penalty for conviction of each charge is 30 years in the Montana State Prison.