Boat driver is found not guilty

By BRIAN WALKER

Hagadone News Network

COEUR d'ALENE — The driver of a boat that collided with another watercraft on Lake Coeur d'Alene two years ago and killed three people was found not guilty on Friday on all three involuntary manslaughter charges, drawing opposite reactions from those who heard the verdict.

A portion of those in Courtroom 9 at the County Justice Building gasped sighs of relief while others broke out in tears as the verdict was read in First District Court.

Dennis D. Magner, 52, a former Spokane advertising executive, had been charged with three counts of involuntary manslaughter for the July 30, 2016, deaths of Caitlin Breeze, 21, Spokane; Justin Luhr, 34, Medical Lake; and Justin Honken, 31, Post Falls.

An involuntary manslaughter conviction carries a maximum sentence of 10 years.

"There's relief in relation to the verdict, however, there are no winners," defense attorney Ron Van Wert said. "A horrible, tragic accident occurred. Families lost loved ones. Throughout the trial there have been heavy hearts all around."

Kootenai County Prosecutor Barry McHugh, along with multiple friends and family members of the victims, visibly distraught over the verdict, declined to comment.

Both Magner and those in support of him were ushered from the courtroom first and couldn't be reached for comment after the verdict.

"We believe the jury recognized the evidence," Van Wert said. "It's been a tough three weeks (during the trial)."

Breeze, Luhr and Honken were the lone occupants in the unlighted Formula pleasure craft south of Stevens Point at night on Lake Coeur d'Alene. The crash sent Magner's boat airborne and ripped the top off the victims' boat, court papers state.

During the trial, Magner said he didn't see the collision coming because the other boat's lights weren't on. He pinned the sole blame on those in the other boat.

Prosecutors contend the crash was the result of one man's negligence as he motored in the dark while intoxicated. There were four occupants in the boat he was driving.

The defense, however, countered that Magner wasn't drunk, had his navigation lights on, was standing up for better vision and motored at a safe speed.

Deputies at the scene testified in court records that Magner was unsteady after the crash, had bloodshot eyes and slurred speech indicating he was likely drunk. He told deputies that he been drinking and that he was too drunk to drive. He wasn't given a sobriety test, however, because deputies were told he wasn't behind the wheel.

Magner said during the trial he doesn't remember the crash and was experiencing memory issues the day after. It wasn't until a few days later that he realized he was driving, he said.

"There's no sequence of time that I have a memory of," he said. "I have almost what seems like sensations."

Magner said he only recalls responders' bright lights, hearing people in distress and looking back at his floating boat that he and two others had gotten thrown from. He said he didn't recognize an emergency responder, nurse and doctor from that time and who testified earlier in the trial.

McHugh said during the trial that there were inconsistencies about Magner's testimony of memory loss and how Magner ended up behind the wheel.

The attorney also wondered why Magner, who claims he wanted to cooperate with investigators, didn't say he had uncertainties about what occurred when he was interviewed by a deputy.

"I didn't have a clear picture so I was relying on other sources," Magner responded. "I didn't trust my last recollection."

Elizabeth Ziegler, a forensic neuropsychologist, during the trial said Magner may have suffered a traumatic brain injury during the crash. She said she saw no evidence of Magner faking his memory loss.

District Judge Cynthia K.C. Meyer earlier dismissed a conspiracy charge against Magner that he purposely tried to deceive authorities.

Initially, it appeared to the occupants of the Mastercraft and investigators that the Formula boat had been unoccupied. It was not until days later that the three victims were found on the lake bottom.

Jonathan Colin Sweat, 40, Spokane, an occupant in Magner's boat, originally told investigators he was driving the Mastercraft but changed his story when he learned the Formula had three people who died.

The jury began deliberations late Thursday afternoon before breaking for the night. It resumed deliberations Friday morning before reaching the verdict after about five total hours between the two days.

Meyer said members of the jury did not wish to comment about the verdict. About 25 total people were in attendance for the verdict.

With emotions high for both sides, Meyer praised those in attendance for respecting the work of the jury and others during the trial for refraining from outbursts, cheers and other noise.

"Thank you for your stellar courtroom behavior," Meyer told attendees.