Driver in fatal crash is on trial

COEUR d'ALENE — Did fate and misfortune or criminal neglect lead to a vehicle collision last year in Coeur d'Alene that left one man dead?

That’s what a jury composed of four men and three women will have to decide as they continue to hear arguments today in Kootenai County District Court.

Gary Dixon, 43, was charged with one count of misdemeanor vehicular manslaughter for allegedly failing to stop at a red light on May 31, 2015. Prosecutors said his negligence resulted in a collision that claimed the life of 37-year-old Coeur d'Alene resident Jeffrey Kirk.

"There's a lot in this case that will be uncontested," said Robert Sargent, a Spokane-based attorney representing Dixon. "This is a tragic, tragic, tragic case; there is no doubt about that. But we are not here to determine the tragedy of the case, we are here to determine if Mr. Dixon is guilty of criminal actions."

The uncontested portions of the case, Sargent said in his opening statement Tuesday, relate to the events that transpired at Honeysuckle Avenue and U.S. 95 prior to, and including, the two vehicles colliding. According to Sargent, Dixon was driving a 2007 Chevy Suburban at 4 p.m. on the day of the collision, when he saw white debris in the road ahead of him.

Sargent said the debris, which turned out to be pieces of paper, caused Dixon to swerve in a normal manner to avoid whatever was on the road. The swerving, Sargent added, caused apples that were previously in a bag to spill throughout the vehicle, further distracting Dixon.

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

Sargent added that Dixon was not drunk, texting, or on his phone during the time of the crash, and added that Dixon willingly handed over his phone and the password to law enforcement at the time of the accident. Dixon, Sargent said, will also be called to the stand to testify and answer questions about the debris that caused him to swerve.

"That momentary distraction was where everything lined up in a tragic, tragic way and that big truck struck that small car," Sargent said. "He's only guilty of misfortune, not neglect."

In his opening statements, Kootenai County Deputy Prosecutor Tony Clinger said the evidence will show Dixon acted negligently because of the distractions that occurred prior to the collision. Clinger also mentioned the prosecution intends to call multiple witnesses to the stand to prove the alleged negligence, including eyewitnesses and law enforcement officers who investigated the crash.

Both the prosecution and defense estimated Dixon's trial will take about two days before the jury deliberates on a verdict. If found guilty, Dixon faces up to a year in prison, a fine of up to $2,000, and could also lose his license for a period determined by Kootenai County District Court Judge James Combo.