Bill and Juanita, owners of Allenspark Lodge B&B, are living their dream...

running a successful business and riding as often as possible.



Monday, June 30, 2025

The Accident and On-Going Legal Stuff

Hi, GunDiva here. I realized the other day, as I was posting on my own blog, that I'd never posted about Mom and Bill's accident here. That was a conscious decision at the time, since this blog is associated with their business and we were keeping a pretty tight lid on things until they all got sorted out. If you'd like to get caught up on what was posted over on my blog, the posts are here and here. As you'll read in the second post, I had intended to continue posting about the accident, but grief is dumb and I ran out of spoons to keep posting.

The accident was November 21, 2022 and we're just now getting around to seeing some action on the case. It took almost two years of hounding the Utah Highway Patrol and reaching out to the County Attorney to get some traction. Finally, on November 15th, 2024 (I wasn't kidding about it taking almost two years!), the County Attorney notified us that charges were being filed against the driver who hit Mom and Bill.

The initial charges were: automobile homicide, 2nd degree felony for Bill's death, and negligently operating a vehicle resulting in injury, 3rd degree felony for Mom's injuries. At some point, I'm unsure when, the charges were amended to:

  • Negligently operating a vehicle resulting in death, 2nd degree felony (Bill)
  • Negligently operating a vehicle resulting in serious bodily injury, 3rd degree felony (Mom)
  • Driving under the influence - 1st offense in 10 years
The warrant was issued, which was a weight off our shoulders. It had been 725 days since the accident, and I'd basically given up. I figured the other driver got away with killing Bill and almost killing Mom and there was nothing to be done about it. I knew that the accident report was complete, which took until July 2, 2024 to finalize. But, knowing that the accident report was complete, I didn't see any reason why charges hadn't been filed. The evidence is pretty clear, in my eyes, that the other driver is at fault.

Honestly, it was rage at the injustice that forced me to "get mean" when I reached out the the County Attorneys in October, 2024. I wasn't sure which county would be handling the case, so I reached out to two adjoining counties and hounded them until I heard back. My relieve was short-lived at hearing that the other driver had been charged, and a warrant issued, because the other driver lives in Washington State. I knew they weren't going to go extradite him, that we'd have to wait until he was stopped for another traffic infringement. Then, his warrant would show in the system and he'd be arrested and sent back to Utah.

I (we, but I don't want to put words in anyone else's mouth) settled in for another long wait. I really thought it would be a traffic violation that would bring him in. Imagine my surprise when I got an email from the County Attorney on a Sunday night (March 2, 2025) that the other driver was in custody. But not for a traffic violation, because he'd been caught breaking and entering. For some reason, it never crossed my mind that he was a career criminal. It didn't matter how he was brought into custody, just that he was.

Since his first court appearance in March of this year, it has been nothing but hurry up and wait. We've had several virtual court dates. Most have resulted in an extension while he was searching for an attorney to represent him - he makes too much money for a public defender. He finally found an attorney, and we played hurry up and wait again while his attorney got caught up on the case. We were supposed to finally have an arraignment a week or so ago, but he got yet another extension while his attorney gathered the "factual evidence" of the case. I don't know, I think the objective toxicology report, the information pulled from each of the cars computers, and the reconstruction of the accident are pretty factual, but I know it's his attorney's job to question everything.

The one thing the other driver's attorney and I agree on is that this should not have taken over two years to get to this point. This case should be over and done by now.

We had a meeting with the County Attorney, and we were told that while he'll take our feelings into consideration, we really have no say in whether or not he offers a plea deal (drop to 3rd degree felony for Bill's death, 0-5 years prison) or goes to trial. He wants to offer the plea, we want to go to trial (2nd degree felony for Bill's death is 15 years to life).  He agreed to consult with a toxicologist regarding the levels of meth in the other driver's system and how fast it metabolizes, then make the determination if he can prove the other driver was impaired. If he can solidly prove the other driver was impaired, then he's more willing to pursue a trial.

He'll let us know his decision before the next arraignment date in August. I'm not hopeful for a trial, I suspect we're going to have to make peace with a plea. But ... I might be able to swallow the injustice of the plea as long as the other two charges aren't altered.

Logically, I get it. He has a huge case load, and needs to close them. But my sense of right and wrong is outraged.

A friend of mine is fond of saying, "We don't have a justice system, we have a legal system." He's absolutely correct. There will be no justice, no matter how this turns out. So, we'll play within the legal system and pray that he faces some consequences.

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