Driver in deadly crash facing civil suit
SANDPOINT — A Sandpoint woman is suing a Washington state motorist who crashed into her sport utility vehicle head on, seriously injuring her and killing a passenger.
Crystal L. Bertolucci is suing William David Deardorff for negligence in connection with the Dec. 3, 2008, crash on U.S. Highway 95 in Careywood. The suit was filed last month in 1st District Court.
The suit seeks unspecified damages in excess of $10,000 for medical and other expenses. Bertolucci’s counsel, Sandpoint attorney Todd Reed, also seeks to reserve the right to obtain punitive damages, according tot he suit.
The suit was filed after Deardorff pleaded guilty to vehicular manslaughter and aggravated drunken driving. He is scheduled to be sentenced on Sept. 8.
Idaho State Police contend Deardorff was southbound in a 1988 Chevrolet pickup when he failed to maintain his lane of travel while negotiating a curve on the highway. The pickup crashed into Bertolucci’s northbound Jeep Cherokee.
Kimberlee R. Dingman, 44, was fatally injured in the fiery collision. She was a front-seat passenger in Bertolucci’s SUV.
Bertolucci, 32, was seriously injured. Her 1-year-old daughter, Skyler, was strapped into a safety seat in the back seat and reportedly escaped serious injury.
Deardorff, a 53-year-old from Spokane, also suffered serious injuries in the crash. He pleaded guilty to the felony charges in an agreement with the state. He faces up to 15 years in prison on each charge, although the prosecution has agreed to recommend concurrent eight- to 15-year sentences, court records show.
Chief Deputy Public Defender Janet Whitney petitioned the court for $750 in public funds to hire a mitigation specialist to aid the defense at sentencing. Judges consider aggravated and mitigating circumstances when weighing a defendant’s sentence.
Whitney argued the motion on July 21 and claimed a newspaper account falsely reported that Deardorff had been arrested for drunken driving 17 times. The Daily Bee has published a dozen news stories on Deardorff’s case, none of which support Whitney’s claim, however.
Bonner County Deputy Prosecutor Deputy Prosecutor Roger Hanlon opposed the motion, according to court documents. Although the use of such specialists is not unheard of in death-penalty cases, Hanlon told District Judge Steve Verby that the state’s sentencing recommendation is far less than death or life sentences.
Verby denied the defense motion because there was no showing that the Public Defender’s Office lacked the resources to hire a mitigation specialist on its own dime, court records show.