Prosecutor will not file more charges in case of boy's death
LOREN BENOIT/Press File In this file photo, Nickie and Darrin Geisinger speak about how thankful they are for all the gifts and support they received from local communities, such as flowers, money, chocolates, stuffed animals, meals and cards since the death of their 8-year-old son, Phillip, who died May 2, 2016, when he was riding his bike in his quiet Pine Villa neighborhood. The Kootenai County Prosecutor’s Office on Wednesday announced it will not pursue further charges in the case.
Webster
By BRIAN WALKER
Staff Writer
COEUR d'ALENE — Nickie Geisinger said she and her family are "walking in peace and forgiveness" after the county prosecutor announced on Wednesday that no more charges will be filed against the driver whose car struck and killed her 8-year-old son on a bike.
Chadd Webster, 23, was driving on May 2, 2016, when his car stuck and killed Phillip Geisinger in the Pine Villa neighborhood in Post Falls.
The Kootenai County Sheriff's Office, which investigated the case, requested to the Prosecutor's Office that vehicular manslaughter and DUI charges be pursued, but the Kootenai County Prosecutor's Office ruled there was not enough evidence to support the allegations.
"From what I can tell, the law was broken and that could've contributed to the death of my son," Nickie said. "At this point, I don't believe the courts administered full justice, but our justice comes from up high.
"We're not clenching our fists for justice and we're not demanding they proceed."
Kootenai County Prosecutor Barry McHugh said his office has been in contact with the Geisinger family during the course of the investigation.
"Our thanks go to them for their patience and understanding," McHugh said. "This is a tragedy and our condolences go out to the family."
Phillip, who was home-schooled, was described by his parents as having a zest for life and being adventurous.
After the incident, Webster was charged with possession of heroin, a felony, and was sentenced after pleading guilty to that charge. He spent 11 weeks and three days in jail. He is on supervised probation after being sentenced on July 22, 2016.
Webster was also charged with driving without privileges, a misdemeanor, and pleaded guilty on May 13, 2016.
An accident reconstruction conducted by the KCSO revealed Webster was traveling approximately 35 mph in a 25 mph zone at the time he began braking his vehicle.
However, it was determined based on path of travel of Webster’s vehicle and the path of travel of Phillip’s bicycle, even if Webster had been traveling the speed limit, his car would have struck Phillip. The boy was wearing a helmet.
Lab results from blood taken from Webster showed the presence of methamphetamine and heroin. However, shortly after the accident, Webster was evaluated by a sheriff’s deputy who determined Webster was not under the influence of the drugs in violation of law. It was uncertain how long the meth and heroin had been in Webster’s system, McHugh said.
Seth Hohenstreet, a friend and neighbor of the Geisingers who responded to the accident, said the end result in the case is difficult to understand.
"This was not a case of pure accident," he said, adding he believes the KCSO did a thorough investigation. "It was a case where the driver was speeding on a suspended license with drugs in his system."
Hohenstreet, a lieutenant for Kootenai County Fire and Rescue, said the tragedy has been devastating.
"It has deeply impacted this neighborhood and forever changed many lives," he said.
To prove a felony vehicular manslaughter charge, the state must prove beyond a reasonable doubt that a driver was a significant cause contributing to the death of a person because of committing an unlawful act with gross negligence.
In this case, the unlawful act would have been driving under the influence of drugs or speeding, McHugh said. However, Webster was evaluated by a deputy sheriff and was not deemed to be under the influence of the drugs in his system.
In regard to the speeding, it was determined the speeding was not a significant cause contributing to the death of Phillip, McHugh said.
To prove a misdemeanor vehicular manslaughter charge, the state must prove beyond a reasonable doubt that the driver was a significant cause contributing to the death of a person because of committing an unlawful act without gross negligence.
"It’s a rare circumstance, but possible, where conduct that collectively looks like it should result in charges falls outside the scope of our criminal statutes," McHugh said. "In that situation, it is our obligation to refrain from filing charges. Here the extensive investigation revealed information that results in a conclusion that no further crimes can be proved beyond a reasonable doubt."
McHugh said the crash reconstruction investigation was complex and took some time. Further, the analysis of Webster’s blood for narcotics required a second analysis after initially being sent to the Idaho State Laboratory.
Nickie said she believes the KCSO did a great job in its investigation and that gives her some comfort. She said she hopes others — motorists, bicyclists and pedestrians alike — will learn from the tragedy especially with summer just around the corner.
"People should know their speed and drive carefully in neighborhoods," she said. "Bicyclists also need to watch when they're coming around the corner."