Driver in fatal boat crash takes no blame

COEUR d'ALENE — The driver of a boat that collided with another vessel on Lake Coeur d'Alene two years ago and killed three people told jurors Wednesday that he didn't see the nighttime collision coming because the other boat's lights weren't on.

"I saw no other boat traffic in the immediate area," said Dennis D. Magner, 52, a former Spokane advertising executive, in Coeur d'Alene's First District Court. "I hadn't seen this collision coming and then I had no recollection for a time period afterward. It was very confusing to not have a period of time that was not there. I'm really wanting to put the puzzle pieces together and I'm not being able to do so myself."

Magner is charged with three counts of involuntary manslaughter for the July 30, 2016, deaths of Caitlin Breeze, 21, Spokane; Justin Luhr, 34, Medical Lake; and Justin Honken, 31, Post Falls. An involuntary manslaughter conviction carries a maximum sentence of 10 years. Breeze, Luhr and Honken were the occupants in a Formula pleasure craft.

The crash sent Magner's boat airborne and ripped the top off the victims' boat, court papers state.

A near-capacity crowd of about 35 filled the courtroom during Magner's morning testimony.

After a recess, defense attorney Carl Areskovich informed District Judge Cynthia K.C. Meyer that there was a young woman in court wearing a T-shirt in memory of Breeze. Areskovich argued the shirt could influence the jury. The woman agreed to cover up the shirt with another shirt and Meyer asked the woman to keep it that way.

Much of the trial could hinge on whether Magner was intoxicated while he and four others were headed southbound to his lake home at Driftwood Point in his Mastercraft boat.

Prosecutors contend the crash was the result of one man's negligence as he motored in the dark while intoxicated.

The defense, however, counters that Magner wasn't drunk, had his navigation lights on, was standing up for better vision and motored at a safe speed when his boat struck an unlighted watercraft south of Stevens Point.

Deputies at the scene testified in court records that Magner was unsteady after the crash, had bloodshot eyes and slurred speech indicating he was drunk. He told deputies that he had 10 beers and that he was too drunk to drive. He wasn't given a sobriety test because deputies were told he wasn't behind the wheel.

Magner said he experienced memory problems about the crash and the day after. It wasn't until a few days later that he realized he had been driving, he said.

"There's no sequence of time that I have a memory of," he said. "I have almost what seems like sensations."

Magner said he recalls only responders' bright lights, hearing people in distress and looking back at his floating boat that he and two others had gotten thrown from. He said he didn't recognize an emergency responder, nurse and doctor from that time, people who testified earlier in the trial.

Prosecutor Barry McHugh grilled Magner about possible inconsistencies in Magner's testimony of memory loss and how Magner ended up behind the wheel.

"It's possible we could have deviated [off the direct path toward the home to switch drivers]," Magner said.

McHugh also wondered why Magner, who claims he wanted to cooperate with investigators, didn't say he had uncertainties about what occurred when he was interviewed by a deputy.

"I didn't have a clear picture so I was relying on other sources," Magner said. "I didn't trust my last recollection."

When McHugh asked Magner what would have been wrong with been saying he wasn't sure what he was telling the deputy, Magner said, "Nothing would have been wrong."

Elizabeth Ziegler, a forensic neuropsychologist, earlier in the trial said Magner may have suffered a traumatic brain injury during the crash. She said she saw no evidence of Magner faking his memory loss.

Magner said he puts the blame for the accident solely on those in the other boat.

Meyer earlier dismissed a conspiracy charge against Magner that he purposely tried to deceive authorities. He has pleaded not guilty to the involuntary manslaughter charges.

Initially, it appeared to the occupants of the Mastercraft and investigators that the Formula boat had been unoccupied. It was not until days later that the three victims were found on the lake bottom.

Jonathan Colin Sweat, 40, Spokane, an occupant in Magner's boat, originally told investigators he was driving the Mastercraft but changed his story when he learned the Formula had three people who died.

The defense rested its case Wednesday morning after nearly two and a half hours of Magner's testimony and cross-examination.

Closing arguments in the trial, which began on July 16, are expected today or Friday.