By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – Investigators concluded the allegedly drunken driver in a two-vehicle crash this summer in Onalaska that killed three teenagers in the oncoming vehicle is not to blame for the accident.
Initial reports indicated the suspected point of impact was exactly in the middle of state Route 508, but the final report showed 17-year-old Arnold W. Mullinax crossed the centerline, according to the Lewis County Prosecutor’s Office.
The 2002 Land Rover Discovery.
The Onalaska teen was carrying seven other young people in his Land Rover Discovery, most of whom were not wearing seat belts.
Mullinax and 13-year-old Taylor N. Thompson, also from Onalaska, died at the scene. Dakota L. Dunivin, 18, from Chehalis, passed away the following day at the hospital.
Joseph W. Rogerson, 36, from Chehalis, was arrested that night for driving under the influence and his case in Lewis County District Court has been in a holding pattern as prosecutors waited for the final report from investigators with the Washington State Patrol.
The July 13 nighttime crash left a community in mourning.
The 2004 Ford Freestyle minivan
Responders from five area fire departments arrived to the scene near Hyak Road to find Mullinax’s Land Rover upside down, Rogerson’s Ford minivan on the roadway and 10 potential patients. All the survivors except for Rogerson’s wife were transported to hospitals.
Rogerson’s case has been dragged out, because if the investigation revealed the wreck was his fault, prosecutors were prepared to charge him with felonies such as vehicular assault and vehicular manslaughter.
Lewis County Prosecutor Jonathan Meyer today met with the families of the victims to apprise them of the findings, before speaking about his decision that no further charges would be filed against the Chehalis resident.
He explained to them that there’s simply not a law to hold someone criminally liable who did not cause an accident, he said.
Meyer said he has had the final report for about a month.
“After the measurements were taken, the scene recreated and the vehicles inspected, it was found Mr. Rogerson was in his own lane of travel,” Meyer said.
Meyer said they know Mullinax’s crossed the centerline, although they don’t know for sure why that happened.
“A moment of inattention is all it would take,” Meyer said.
He acknowledged there was information in the state patrol’s report that offered clues, but out of respect for the families of the victims declined to elaborate.
The final reports showed Mullinax had no alcohol or any drug in his system, Lewis County Chief Criminal Deputy Prosecutor Brad Meagher said.
Rogerson’s blood alcohol level that night was .15, according to Meyer.
Meyer said investigators concluded with the way the accident occurred, even a sober driver in the van would not have been able to avoid it.
“This is obviously a huge tragedy, three young children lost their lives,” Meyer said. “That’s the key we take away.
“We always have to be cognizant of what happens (on the road) and let our loved ones know they are loved ones.”
Rogerson’s next court hearing is Wednesday. He has been free on a $5,000 appearance bond
Among his court-ordered conditions are that he may not consume any alcohol, he may not drive without an ignition interlock device installed in his vehicle and has to wear an alcohol monitor bracelet which will detect if he drinks.
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For background, read “Charging decision expected soon in Onalaska triple fatality wreck” from Wednesday September 23, 2015, here
Tags: By Sharyn L. Decker, news reporter
Lucy,
Yes they can be sued and should.
@Rosemary— THE 17 YEAR OLD DRIVER IS THE ONE CAUSED THE TRAGEDY, AND WHATS SAD IS HIS PARENTS HAVE TO LIVE WITH THAN KNOWLEDGE,
I WONDER SINCE THE 17 YEAR OLD WAS TO BLAME, CAN HIS PARENTS BE SUED BY THE OTHER VICTIMS FAMILY MEMBERS FOR WHATEVER?? I SURE AS HELL WOULD SUE
There’s also the consideration that the surviving members of the SUV are minors and may be entitled to more confidentially than an adult.
It does not take much speculation considering the kids had to be stacked like cordwood inside that car.
Time to let it go and just move on. There’s just some things in life that can’t be fixed.
Clearly we haven’t been given the information to know what really happened. What we do know is that Rogerson was over the legal limit, and when you drive intoxicated you put everyone in danger. He may not technically be at fault in this accident, but I hope he treats this not as a ” lucky break”, but as an impetus for change.
We may never find out why the center line was crossed, but do we really need to? They are withholding information out of respect to the families of the deceased. I don’t think any curiosity of anyone here should overrule that. Haven’t they been through enough?
This was such a tragic accident. My condolences to all the family and friends affected.
“After the measurements were taken, the scene recreated and the vehicles inspected, it was found Mr. Rogerson was in his own lane of travel,” Meyer said
Meyer said investigators concluded with the way the accident occurred, even a sober driver in the van would not have been able to avoid it.
He explained to them that there’s simply not a law to hold someone criminally liable who did not cause an accident, he said.
^^^^^^^^ Why he was not charged w a felony^^^^^^^^^^
“A moment of inattention is all it would take,” Meyer said.
He acknowledged there was information in the state patrol’s report that offered clues, but out of respect for the families of the victims declined to elaborate.
^^^^ So we know Rogerson was drinking – what was Mullinax doing? Texting, Facebooking, or taking a selfie? Don’t hide the details of Mullinax…..you gave us all of Rogersons details and he did not cause the wreck. Respect my ass!
The kid crossed the centerline.
The kid killed himself & his friends while mentally scarring all the others for life.
The kid is a murderer.
Yeah. Let’s all blame the kids. Rogerson is refused service at a tavern and drives away. He’s in an accident. He refuses a breathalyzer test, showing some legal savvy as regards alcohol and driving. He fails a field sobriety test. Three hours after being arrested his blood alcohol is .15. The most important thing to consider, apparently, is where the vehicles were at the point of impact. Where Rogerson’s vehicle was prior to this doesn’t matter. It’s difficult for me to accept that even though he appeared visibly intoxicated prior to, and immediately after, his drive, the driving itself was apparently, faultless.
I thought even if your impaired and your involved in an accident it will automatically be blamed on you. Where is Mothers Against Drunk Drivers when you need them? Why send mixed signals WSP? Zero tolerence? WOW.
Bottom line is the kid caused the accident and killed his friends & scarred the others for life.
@Busty: I disagree. Having a BAC of .15 is highly impaired. I have visited the accident scene and I don’t see a reason why an alert Westbound driver could not avoid a vehicle that overlapped the center lane. If his published BAC is proven to be accurate, the fact that Rogerson was very drunk impaired his ability to drive defensively.
I have driven two lane roads in Germany which can be quite shocking for an American. Drivers there never wait for a clear lane ahead to pass, they just pass whenever they overtake another car whether there is oncoming traffic or not. Everyone seems to move enough for the passing car to make it.
@CrazyOldMan– YOUR A MORON! YES ,ROBERSON DRANK AND DROVE, WHICH IS STUPID AS FUCK AND ILLEGAL!! BUT HE DIDN’T CAUSE THE ACCIDENT, THE TEEN DRIVER DID!! AND WHY WOULD HE BE HAUNTED BY THIS??? HE DIDN’T KILL ANYONE!! WHY DON’T YOU GO DRINK SOME MORE FLUORIDE???
0.15 or 0.015 BAC? Fact check please.
XDs says:
Saturday, October 31, 2015 at 11:11 am
Free Air,
You mean something going on in the SUV.
Yes, My Mistake.
Some of the youths were drinking, for a fact…. Very terrible accident for sure.
Redneck if you read the article the 17 year old driver’s tox was negative for anything so no the kids were not “drinking too”
@ free air- perhaps the driver was probably updating his facebook status while driving.
Free Air,
You mean something going on in the SUV.
Redneck,
You missed it:
“The final reports showed Mullinax had no alcohol or any drug in his system, Lewis County Chief Criminal Deputy Prosecutor Brad Meagher said.”
The kid was sober. There’s also this line:
“He acknowledged there was information in the state patrol’s report that offered clues, but out of respect for the families of the victims declined to elaborate.”
Translation:
The WSP suspects that something was going on in the van that distracted the driver.
End of a very tragic story.
Roberson obviously had more than 2 beers with a BAC of .15. I think this guy is a chronically drunk driver. They don’t mention how many priors he has but I don’t think this will be his first DUI.
I can imagine how the driver was distracted with that many guys and girls in the Rover. He momentarily lost his attention to the road, crossed the centerline, and sideswiped the van. The high center of gravity Rover than rolled.
Still, if Roberson wasn’t drunk, I believe he would have been alert enough to drive defensively and move to the right.
I think Rogerson is lucky not to be charged with manslaughter, but will be haunted by these young people’s deaths for the rest of his life.
They must of realized the kids were drinking too, glad justice prevailed…