Jail ordered in fatal crash
SANDPOINT — A Washington state man who accidentally killed a passenger in a rollover crash last summer was ordered Friday to serve 90 days in jail.
Dustin Willis Harrison had no comment before Bonner County Magistrate Court Judge Lori Meulenberg imposed the sentence.
Idaho State Police said Harrison was westbound on U.S. Forest Service Road No. 2561A when he lost control of his Toyota 4-Runner on a right-hand curve last June. The sport utility vehicle struck a berm and overturned multiple times.
Neither Harrison nor his passenger, Damien C. Johnson, were wearing seat belts the time of the crash. Johnson, a 23-year-old Coeur d’Alene resident, was thrown from the SUV and died of head trauma, according to court documents.
Harrison, a 35-year-old from Otis Orchards, was charged with vehicular manslaughter at the misdemeanor level. He pleaded not guilty and invoked his Fifth Amendment right during a day-long jury trial in March.
Harrison told Idaho State Police the SUV rolled because of a blown tire, although a trooper testified that braking marks left on the forest road were inconsistent with a blowout. The jury ultimately found Harrison guilty.
Johnson’s mother, Roxanne Whitaker, said her son’s death destroyed the family, which is still reeling from Johnson’s untimely death. Whitaker raised Johnson as a single parent for 14 years, which forged a close bond between them.
“Our family is going to be living out this life sentence that Mr. Harrison handed to us on June 7, 2015. Due to his choices, I no longer have my son,” an emotional Whitaker said.
Bonner County Deputy Prosecutor Roger Hanlon recommended a 360-day sentence with 270 days suspended and 90 days to serve as a condition of probation. Deputy Public Defender Susie Jensen said her client recognized the lasting harm done to Johnson’s family, but urged against a lengthy period of incarceration because it has the potential to cost him his job and home, in addition to interfering with child support payments.
“Mister Harrison should not be punished so much that he loses his house, that he loses his employment, that he loses his life in large part as well,” said Jensen.
Meulenberg referenced a saying which holds that wise words have the power to heal.
“I have thought a lot about what those wise words may be today and I don’t really have any because I don’t know how to restore to the Johnson family the loss of a loved one,” she said.
Mitigating factors cited by the court on Friday included Harrison’s steady employment, a lack of intent to do harm and the absence of drugs and alcohol as factors in the crash.
Aggravating factors included the fact that Harrison was driving with a suspended license, a 2003 theft conviction and a driving history that included speeding tickets and driving without insurance.
“There does appear to be some problem, sir, with your ability to drive safe,” Meulenberg said.
Meulenberg adopted the state’s recommendation on the manslaughter charge and added 100 hours of community service and ordered $8,190 in restitution. The court added 180-day sentence for driving without privileges with 90 days suspended, a term which will run concurrently with the sentence on the manslaughter charge. Harrison’s driver’s license was also suspended for six months.