May 11, 2005

Norman Marek, a log truck driver from St. Maries, Idaho, was convicted in the Magistrate Division of the District Court in Bonners Ferry, Idaho, on Wednesday, May 11, 2005, after a three-day jury trial.

Boundary County Prosecuting Attorney Jack Douglas and Tevis Hull, the deputy prosecutor, represented the State. Clark Peterson and Jennifer Moore, Coeur d' Alene attorneys, represented the defendant.

Marek, 74, was charged with vehicular manslaughter for his part in the death of James Coats. This stemmed from a fatal vehicle crash last September 8, 2004, about two miles south of Naples at about milepost 495 on U.S. Highway 95, in Boundary County.

Around 1:00 p.m. on September 8, 2004, the Boundary County Volunteer Ambulance was on its way back to Bonners Ferry after having delivered a patient to Bonner General Hospital in Sandpoint, Idaho. At about milepost 495, the crew in the ambulance noticed that there was a large fan in the roadway, serving as a traffic hazard on the highway. They decided to remove the fan as a safety precaution in an act of "Good Samaritanism."

Before getting out to remove the danger from the roadway, the ambulance crew turned on all the lights and hazard lights of the ambulance, to give warning to the motoring public. The evidence at trial showed that James Coats drove up to the scene and made a safe stop behind the ambulance. Others stopped in the southbound lane (the other lane).

Only Norman Marek seemed to have difficulty coming to a safe stop. He admitted to cresting the hill at 58 miles per hour in an un-loaded log truck and managed to slow his vehicle down to about 48 miles per hour just prior to the crash. The speed limit was 60 miles per hour. Marek contended that he simply did not have enough notice of the ambulance in the roadway nor was there sufficient room to stop, as the contour of the roadway is gently rolling hills at that place. The State, through various Idaho State Police officers, testified that Marek had 810 feet of visibility of the top of the ambulance from the high position he sat in his tractor cab. They pointed out he could see the small gray car of James Coats at about 671 feet as well. The Idaho State Police re-constructed the accident and came to the conclusion that Marek had plenty of time to make a safe stop, as all others had done. The State witnesses also pointed out that at 558 feet, Marek could clearly see the entire gray car and ambulance in front of him and even the pavement underneath the car. This amounted to almost two football fields in length.

Marek testified in his own behalf, denying that he was guilty of inattention and maintaining that this was simply an accident he had no chance to avoid. Marek buttressed that position with his own accident reconstructionist and with a second expert witness, Doctor Richard Gill of Moscow, Idaho. Dr. Gill was a retired University of Idaho college professor with expertise in the field of "human factors," which is the science of analyzing human responses in given situations. To Dr. Gill, the sole cause of the accident was the ambulance being parked in the middle of the roadway, regardless of the other factors. The testifying officers of the Idaho State Police, including local officers Brian Zimmerman, Kevin Bennett and Sandpoint-based Leslie Lehman, disputed this. Trooper Lehman did the actual accident reconstruction.

Boundary County Prosecuting Attorney Jack Douglas said: "I am pleased that the jury agreed with the State's interpretation of the evidence in what was a hard and emotional trial. The sacrifices of jurors makes the system work for our community, so that we can always be a community of laws and respect for one another."

He added that the work of the police was outstanding in the case and that he was gratified by the cooperation, noting: "The public should know this was a team effort and that everyone involved worked hard and together." Douglas also said that Tevis Hull, the deputy prosecutor, performed very well in this trial: "Tevis is a very good trial attorney. He has common sense, good legal skills and the ability to think well on his feet. I thought Tevis, who handled most of the witnesses, did an exceptional job with this case. He was very professional, from start to finish. I would also say that all the attorneys acted in a professional manner, a fact that was commented upon by the court at the trial. The defense lawyers put up a good fight, but a fair one. I think they also deserve credit for professionalism and for the enthusiasm they brought to the trial. I gave Tevis Hull hard tasks in this trial, and he did well on all of them. The ability of Tevis Hull and myself to work well together, is a major factor in getting the verdict of guilt that we sought."

Sentencing is set for May 27, 2005 at 1:30 p.m. at the Boundary County Courthouse. Douglas said he and Tevis Hull would be meeting with the victim's family and the police to help decide upon the appropriate recommendation for punishment. He noted: "There will be a lot to consider here as to what is just. It was a tough case, but someone has died through the inattentive actions of Mr. Marek. Tevis and I will think long and hard in the next two weeks about what is justice in a case like this one."

The charge was misdemeanor manslaughter, which carries a potential punishment of up to a $2000.00 fine and/or imprisonment not to exceed one (1) year in the county jail. The case was a misdemeanor rather than a felony because the it was inattentive driving that caused the death and by law inattentive driving is an unlawful act, not amounting to a felony, and without gross negligence. In addition, Marek faces a driver's license suspension, per Idaho law.