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.

What can I say? That's Beel for you!

A week ago or so, Nebalee, Asset and I went up to the Lodge to have a HellHat making party. As we were assembling our HellHats, Beel was playing with the discards. I knew he had to have something up his sleeve.

Can't you just see the wheels turning?

It took us about an hour to complete our project and when we were done, Asset and I both had HellHats that perfectly fit our personalities.

I happily posted about our project on Facebook as we went along, not thinking a thing about it. When I got home, I looked at the comments and found this:

Beel's "Hel-mutt" made from the crown of the hat and my discarded helmet visor.

(If you want the story behind the HellHats and the process, click over to Tales from the Trail.)

Horse Kids Come Home 3/13/16

B-  Hey Ranger!  How's the old horse today?

R-  Good Beel.  Do you have treats?

B-  Yup.  And while you're eating... here's a halter!

R-  Beel that is not how we do it.  You tricked me.  I'm supposed to run away for some many times.

B-  Nope.  You're caught.  Let's get to the trailer.

R-  Beel.  The rolling shed do not smell like me any more.  It smells like others.

B-  Right again.  Juanita will write a blog about that.  I'll read it to you later.

                 **************************

We were called into action this weekend to transport GunDiva's and Jay’s horses to the Rocky Mt. Horse Expo.  They had entered a couple of the Mustang Days competitions, but their horses saw fit to not want to load into a very small trailer in the dark in the wee hours of the morning.  After 1 ½ hrs. of try, the kids opted to leave the horses home and head for the Expo, where they had volunteered to work the US Wild Horse & Burro booth each day.

 We had planned on being there also, so we said we would go get the horses.  We hitched up our trailer – considerably bigger than theirs – and headed to get the horses.  Of course, the horses had time to think things over, knew our trailer, and gave in.  I walked into the corral with two halters and Skeeter walked right up to me, stuck her head in the halter, then followed me to Copper, who also just stuck his head in.  I left both of them standing there while I checked on the repairs Bill was making to the hitch.  Neither had moved when I got back.  They very smartly stepped into the trailer and we were on our way.

We spent the next three days having a great time at the Expo (a different blog) and decided that when we took the horses back, we would just pick ours up on the way home, being as we were already off the mountain.  We left Denver shortly after noon, dropped Skeeter and Copper off at their home and headed for our winter pasture outside Lyons.

We pulled off Hwy 66 at 3:03 p.m., drove the ½ mile to the pasture and pulled into the field.  We saw Washoe in the middle of the 40-acre field and by the time Bill had turned the rig around and I had closed the fence opening, he had trotted most of the way to us. Bill opened the back of the trailer while I collected halters from the truck.  When I turned around I saw Washoe peeking at me from the open doorway; he was ready to load himself!

Now we had not pre-planned on picking up the horses, so had not taken our halters with us.  There was one extra rope halter in the trailer tack area, and my mecate was at GunDiva's house.  She had also said we could use any halter we found there, so Bill had picked up one.  We figured we could make do since both of my horses load on voice command and neither gets tied in the trailer.

When Washoe met us at the trailer, he got the rope halter so I could lead him back across the field to find the other two horses.  They like to stay around behind the neighbor’s house and socialize with the pig; we also suspect they get treats from people in the house. 

When we had crossed to nearly the last area, Jesse finally noticed us and came wandering over – which is about the best she can do right now (read Weight blog).  I put the mecate bit on her, but she felt insulted so I took it off and just looped the lead rein around her neck.  Ranger finally decided to follow along.  Now, Bill had sort of hidden his halter inside his jacket (cheater) and showed Ranger the treat bag.  When Bill put his arm around his neck for a hug, carrying the lead along too, Ranger was caught.  Fastest time ever!  We walked the three back to the trailer and loaded up.  We were back on Hwy 66 at 3:31 p.m.  Less than ½ hour total.

When we got back to the lodge, I went inside and retrieved Jesse’s halter.  She had loaded and ridden with nothing on.  When we opened the door, she stepped out and stood by me while I put her halter on and she gave me lots of horsey hugs while we waited for the others to unload.  

When they got in their corral, Washoe rolled, Jesse checked out the salt block and Ranger headed for the creek.  Zero excitement.  Now we are getting snowed on so everything is normal.  We ALWAYS get snow when we bring them back – even though it was 64* and sunny when we picked them up!

Bionic Cowgirl

                **************************************

B-  So, Ranger, that's why the trailer smelled like other horses.

R-  Beel on this day it is doing the white falling thing.

B-  Sorry buddy.  We're much higher up here, and we got 4 inches of snow today.

R-  I was more happy with the pigs.

Now That Christmas Is Over

I can *finally* share my bestest Christmas present ever.

Not for me, one I made for Beel.

Back in September, Rachel did a post/give-away from Atticus and Cole.  I loved looking through the embroidered pictures and a plan began to form in my head, so I dragged Jay along to the fabric store and I bought all the stuff I would need. If Atticus and Cole could do a piece based in Itty Bit's art, certainly I could figure out how to do some of my favorite of Bill's "fine art".

It has literally been twenty years or so since I've attempted any embroidery and I had to buy all new stuff.  I didn't even think to ask Mom, who has drawers full of floss and hoops and needles and stuff.  I am such an idiot sometimes.

I went through and picked three of my favorites and got started.  I'm hardly an artist, and getting Bill's art from the computer was a problem.  Luckily, I'm married to an artist, who did a great job of forging Bill's work onto the cloth.

Along the way, I sent pictures to Rachel, since she was the one who gave me the idea.  It's a good thing I did, too, because she was thinking along the same lines.  I owe her a big apology for stealing her Christmas idea for Bill.  Oops.  Sorry, Rach. 

I started on this one:



Bill is was notorious for falling off of Ranger
while trying to take pictures.

Finished:

Lucky for me, Mom and Beel went on vacation and my favorite story ever occurred.  As Mom was telling me about Ranger jumping into Beel's arms, I could picture this:

I told Mom that Bill had to illustrate his post so that I could do this:

By this time, I was pretty much over embroidery, but I still had one more bar towel to do, so I took a couple of Ranger faces as a start and morphed it into Ranger's favorite thing:

 

There is a video somewhere of Beel opening his present.  Jay and I couldn't be there because we were being quarantied for influenza A over Christmas.  Mr Nebalee took the video, but Facebook isn't being very nice and I can't see it.  If I can't see it, I can't steal it to post.  Which is a bummer, because I've been told it was good.