Dixon: Not guilty in Kirk death

COEUR d'ALENE — Gary Dixon was visibly shaking and in tears after a jury announced Thursday he is not guilty of one misdemeanor count of vehicular manslaughter.

Dixon, 43, was charged with the misdemeanor in connection to a May 31, 2015, incident where he admitted to running a red light, which resulted in a collision that claimed the life of 37-year-old Coeur d'Alene resident Jeffrey Kirk. After a three day trial in Kootenai County District Court, a jury comprised of four men and three women announced it was unanimous in finding him not guilty of the crime.

Whether Dixon displayed criminal negligence during the incident was the focal point of the trial, with neither Kootenai County prosecutors nor Dixon's Spokane-based attorney, Robert Sargent, debating the facts of the wreck itself.

"That momentary distraction was where everything lined up in a tragic, tragic way and that big truck struck that small car," Sargent said Tuesday while laying out his arguments before the jury. "He's only guilty of misfortune, not neglect."

Prior to the accident, which occurred at the intersection of Honeysuckle Avenue and U.S. 95, Dixon was driving a 2007 Chevy Suburban and said he saw white debris in the road ahead of him. The debris, which Sargent said turned out to be pieces of paper, caused Dixon to swerve in what was described as a normal manner to avoid whatever was on the highway.

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.

Dixon faced up to a year in prison, a fine of up to $2,000, and the loss of his license if he was found guilty of the misdemeanor offense. However, with a jury unanimously ruling Dixon did not display criminal neglect in the events leading up to the collision, Kootenai County District Court Judge James Combo dismissed the case following the reading of the verdict.

Although Dixon will not face jail time in regards to this incident, it is not the first — or the most recent — jailable offense in which the Rathdrum man has been involved.

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.

In July of 2016, Dixon was charged with aggravated assault for allegedly attempting to run over his estranged wife. The incident allegedly occurred in front of his Coeur d'Alene business where, according to court documents, Dixon was staying so his estranged wife and their kids could stay at their home.

"(Dixon's wife) had requested he leave her money so she could get food for the children. (She) did not have any money or access to any due to Gary maintaining total control of their finances," court records state. "When (she) arrived at the residence she found that Gary had only left her $20. She felt this was not enough to sustain her or the children with food money, so she went and contacted him at the business."

When Dixon's wife confronted him at the business, court records state, a verbal altercation occurred. Dixon's wife told police as the altercation continued, Dixon got into a vehicle and said he was going to leave.

"Upset with him and wanting to talk, (she) went to the back of the vehicle and sat on the rear bumper area," court records state.

Dixon then allegedly began to back the vehicle up, and court records state a witness warned him one of his sons was also behind the vehicle. The witness, according to court documents, was able to get the child out of the way, but Dixon's wife was still behind the car as it continued to back up.

Court documents state Dixon's wife pushed on the vehicle with her hands in an attempt to keep from getting run over. While pushing against the vehicle, court records state, Dixon's wife cut her hand before getting out of the way without being seriously injured.

A preliminary hearing in the case has been scheduled for today in Kootenai County District Court.