Charge filed in red light death

COEUR d'ALENE — A 43-year-old Coeur d'Alene man has been charged with misdemeanor vehicular manslaughter in connection with a car accident that killed another man on May 31.

Gary E. Dixon was charged last month, but the case was just unsealed by the court. A jury trial is scheduled for Jan. 25 with Magistrate Timothy Van Valin on the bench.

The fatal accident occurred at Honeysuckle Avenue and U.S. 95. Charging documents said Dixon was driving a 2007 Chevy Suburban at the time and allegedly failed to stop at a red light because of inattention.

"The defendant's operation of the motor vehicle in such an unlawful manner was a significant cause contributing to the death of Jeffrey P. Kirk," according to the charging documents. Kirk, 37, was a Coeur d'Alene resident.

Dixon's defense attorney, Daniel Sheckler, couldn't immediately be reached for comment Thursday.

Kootenai County Prosecutor Barry McHugh said his office would have to prove "gross negligence" for a felony charge in this case, instead of a misdemeanor. Idaho defines gross negligence as flagrant or reckless disregard of consequences or willful indifference to other people's safety.

An officer's affidavit, filed along with the charging documents, said Dixon was distracted "when a sack of apples fell on the front passenger side floorboard" while he was driving.

This allegedly diverted his attention to the apples, "and when he looked back to the roadway he was running the red light at Honeysuckle Ave.," the affidavit said. "Dixon took his foot off the accelerator and started to brake but he did not have enough time."

Dixon was northbound on U.S. 95 when he collided with the driver-side door of the 1997 Honda Accord driven by Kirk, the affidavit said. Kirk was westbound on Honeysuckle and started crossing U.S. 95 on a green light.

At the time of the crash, Dixon was driving at or near the speed limit of 45 mph, the document said. He wasn't under the influence of alcohol, and wasn't texting or using his cellphone.

"Although inattentive driving was a contributing factor to the crash, no gross negligence was involved," according to the affidavit.

In August 2014, Dixon was involved in an incident at the Texas Roadhouse in Coeur d'Alene. That incident, which was video-recorded with a cellphone, showed Dixon with his shirt off yelling at a man in the parking lot and threatening a fight. The video was posted to Facebook and YouTube.

Dixon was sentenced to 20 days jail time on a reduced charge of disturbing the peace. He worked in the sheriff's labor program instead of spending time in jail.