Deputy cleared of charges in pedestrian collision
COEUR d’ALENE — No charges will be filed against a Kootenai County sheriff’s deputy who was driving a patrol vehicle involved in a fatal collision with a pedestrian in October.
Idaho State Police investigated the incident involving Deputy Andrew Nye and the pedestrian, Amber Viuhkola, on U.S. 95 in Hayden near Miles Avenue. ISP referred its findings to Kootenai County Prosecutor Barry McHugh.
“Kootenai County Sheriff’s Office Deputy Nye did not violate any law in his driving conduct on Oct. 8, 2016, when Amber Viuhkola walked in front of Deputy Nye’s patrol car on Highway 95,” wrote McHugh to ISP in a Jan. 18 letter.
ISP investigators determined the primary cause of the collision was Viuhkola's failure to yield to oncoming traffic. The 38-year-old Hayden woman, who died at the scene, was also under the influence of alcohol, according to ISP's report.
“Ms. Viuhkola presented a danger to herself and passing motorists by crossing U.S. 95 at night, in a poorly lit area of U.S. 95 not marked for pedestrian traffic, and while wearing low contrast clothing not conspicuous to passing motorists,” the news release said. “A second contributing factor to the collision was Ms. Viuhkola’s impairment by alcohol. A third potential contributing factor was the presence of a Toyota truck slowly crossing U.S. 95 beside, and then in front of, Ms. Viuhkola.”
Viuhkola was walking westbound on Miles around 1:37 a.m. from Razzle's Bar and Grill, where her ex-husband, Edward Viuhkola, offered her a ride, according to ISP. The woman, who was angry after being involved in an earlier argument inside the bar, refused and proceeded to walk home.
Edward followed Amber in his truck, stated the news release. When the two reached Highway 95, they started to cross at the dimly lit area at the same time. However, it appeared to investigators that his truck prevented southbound drivers from seeing Amber, who was on the south side of the truck, trying to cross the northbound lanes.
Traveling southbound, Nye, who was returning to Coeur d'Alene after working a shift at Silverwood, then struck Amber at a speed of 57 mph, just 2 miles over the speed limit. Witnesses told investigators Nye didn't have time to react.
The investigation involved an ISP collision reconstructionist, detectives from ISP Investigations and the ISP Alcohol Beverage Control division.
As part of the investigation, ISP conducted skid tests on Nye’s patrol vehicle, mapped its headlights, verified the accuracy of the vehicle's speedometer, and retrieved data from the vehicle’s engine and airbag module. Video evidence, witness statements and toxicology analysis were also included in the investigation.
"I do not find that Deputy Nye operated his vehicle with gross negligence or in a careless, heedless or inattentive manner," McHugh's letter stated.