Man involved in fatal crash had prior arrest
<p>Gary Dixon, 42, right, is seen in this image taken from video as he confronts Jeremy West in the parking lot of Texas Roadhouse in August. West’s wife captured the video.</p>
<p>This image of Gary Dixon, 42, is from the video taken in August by Jeremy West’s wife when Dixon confronted West in the parking lot of Texas Roadhouse.</p>
COEUR d'ALENE - Gary E. Dixon, 42, who allegedly ran a red light on Highway 95 Sunday and killed Jeff Kirk, 37, was arrested in August for battery.
According to Coeur d'Alene city police reports, officers saw a video that had been posted on Facebook and YouTube depicting a shirtless man with a swastika tattoo, trying to provoke a fight with another man.
After further investigation, police determined the shirtless man was Dixon and the man he was trying to fight was Jeremy West, of Coeur d'Alene.
As of Thursday, Dixon had yet to be charged in the accident that took Kirk's life on Sunday.
Idaho State Police spokeswoman Teresa Baker said police are still investigating the accident.
She said the accident is being reconstructed and investigators want to see toxicology reports on Dixon before forwarding the case to Kootenai County Prosecutor Barry McHugh.
"It will take a little bit of time to get the reconstruction together," she said. "That usually takes about 60 days."
Baker said the toxicology turnaround time is usually 22 days.
"As soon as those steps are completed we will forward our recommendation to the prosecutor," she said.
Just days before Sunday's accident, Kirk's daughter Kiahna Kirk, 10, sold lemonade and baked goods to raise $200 for Sgt. Greg Moore's family. Moore, a Coeur d'Alene policeman, was shot and killed in the line of duty last month.
Regarding the August battery incident involving Dixon, police contacted West and his wife, who shot the video, to find out what had transpired, a seven-page police report states.
West told police that he and his wife went out to dinner at Texas Roadhouse with a couple of friends and during the course of the meal they returned a steak that had been overcooked. According to police, the Dixon family was sitting behind West's table and got annoyed with him sending his plate back.
The Wests were unaware that Dixon was annoyed until they left the restaurant where Dixon was waiting in his truck to confront West.
As West made his way toward his vehicle, Dixon reportedly jumped out of his truck without a shirt on and proceeded to confront West, yelling profanities.
"Gary immediately walked up to Jeremy, yelling and screaming," the report states. "Gary threatened to kill Jeremy and rub his face into the asphalt."
According to police, Dixon began chest bumping West, who maintained his composure despite the aggressive taunting.
West and his wife eventually walked away from the incident, but West's wife captured it on video.
After interviewing the Wests and other witnesses, they called Dixon for an interview. Dixon refused to talk with police after he was told that several crimes had been committed, so he was arrested for battery and transported to jail.
Dixon's charges were later reduced and he was found guilty of disturbing the peace. He was sentenced to 20 days in jail and $302 in fines.