By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – The lawyer for the driver who survived a head-on crash that killed three teenagers in Onalaska this summer still hasn’t seen the final accident report, even though his client is involved in a case for allegedly driving under the influence that night.
But the report should finally be available soon, according to Centralia defense attorney J.O. Enbody.
State Route 508 on July 13, 2015
Joseph W. Rogerson, 36, of Chehalis, appeared before a judge today for a hearing in Lewis County District Court in Chehalis.
Enbody told the judge he’d like to set over the hearing for two weeks. He said Lewis County Chief Criminal Deputy Prosecutor Brad Meagher asked him to make the request, while prosecutors work on their decision whether to charge Rogerson with a felony.
The parties have been waiting for the report from an investigative team from the Washington State Patrol.
Three teenagers died from the July 13 wreck on state Route 508. The initial report indicated both vehicles crossed the centerline.
Rogerson and his wife were traveling westbound in a Ford Freestar minivan. Eight teenagers were traveling the other direction in a Land Rover Discovery when the vehicles met up near Hyak Road, only two of them were wearing seat belts, according to initial reports.
Dead at the scene were the Land Rover’s driver, Arnold W. Mullinax, 17, and Taylor N. Thompson, 13, both from Onalaska. Dakota L. Dunivin, 18, from Chehalis, died the following day at the hospital.
Most of the young people either attended Onalaska schools, or had in the past.
Depending on the information in the accident report, Enbody knows his client could be facing charges such as vehicular assault and vehicular homicide.
Rogerson’s DUI case has not progressed very far, because of the possibility prosecutors could file those charges in Lewis County Superior Court, on the fourth floor of the Lewis County Law and Justice Center.
Enbody and Rogerson are just waiting. And a decision is expected soon.
“If it’s good news, we’ll deal with a DUI down here,” Enbody said. “If it’s bad news, we’ll deal with it upstairs.”
Rogerson has pleaded not guilty to driving under the influence.
He told a deputy he’d had a beer about five hours before the wreck, and declined a portable breath test, but was taken to the hospital to have his blood drawn for testing.
The initial accident report does not include his blood alcohol level.
Among his conditions of release are that he may not drive without an ignition interlock device installed in his vehicle. He may not consume any alcohol and is wearing a court-ordered alcohol monitor bracelet which will detect if he does.
Enbody told Judge R.W. Buzzard this afternoon his client has gotten a drug and alcohol evaluation. He also said Rogerson has 100 percent compliance with the bracelet and requested its removal, in part because of financial considerations.
Deputy Prosecutor Jessica Blye said the state opposed the removal. Judge Buzzard didn’t grant the request.
Today’s hearing was then postponed for two weeks.
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For background, read “Surviving driver from fatal Onalaska wreck ordered to wear alcohol monitor while case pending” from Friday July 17, 2015, here
Tags: By Sharyn L. Decker, news reporter
I think that accidents happen, yes it is a tragedy, but. If the man was not drinking and the blood tests show it, I don’t think he should be charged with anything.. The kids in the other car were definetly not legal by not wearing seat belts, and having so many in a vehicle that does not seat that many people.. My heart goes out to all involved in this..Just sickens me that so many pass judgment before knowing the facts
The judge has total discretion whether Rogerson should wear an alcohol sensing anklet as a condition of his release pending trial on the DUI arrest. Yes they cost money and the wearer has to pay the fees but it something like $100 per month or less. The guy just probably wants/needs to drink and this is tough on him.
I think that, if Rogerson did not admit to drinking alcohol and his BAC was zero, they would not pursue charges against him as it was unclear who crossed the centerline and was at fault. The initial report said they hit on the centerline and both drivers where probably on it or very close to it.
Charges will probably depend on the BAC. If that is more than .02-.04 it’s obvious that he didn’t have one beer a few hours before. It it’s .08 or higher I would expect that they would charge him. Regardless if he was the only one at fault, if he was drunk, he is culpable .
I don’t understand the request to remove the alcohol bracelet due to financial concerns? Do you pay per day to have it on? Too bad if you are being charged with DUI.
Once the final WSP report is in the cause will be known. I am confused by David’s response too. It was at night when the collision occurred.
Some of you people are unbelievable.The “main” sad thing is a dead kid not being charged?? That is the saddest thing you can see here?Really???!The poor drunk driver getting “the whole brunt”? 0 toxicology on the teenager by the way.
Alcohol even in the most minute amount is automatically guilty and worse than any drug or theft in the eyes of the law.
It is very sad, this whole incident. Mainly because the teen driver being dead and no charges can come against him, I can’t help but feel for the other driver because it is clear he will get the whole brunt of this terrible accident, when their were 8 teens in the vehicle, does that vehicle legally seat 8?
I would like to know if the driver of the other car had any substance in his system.
It would help if it was sunny at 10 pm….
If there’s ever a story where everyone looses, this is it.
My guess here is they will find that sun that day will be the main cause of the accident. and it will be both sides equally at fault