BUTTE — A 75-year-old Butte man who could not see out of one eye when he ran over two pedestrians last year, killing one and severely injuring another, received a six-month deferred sentence after pleading guilty to misdemeanor careless driving charges on Feb. 9th in Butte city court.
John Walker was sentenced to a six-month deferred sentence to county jail following his guilty plea to careless driving resulting in death and serious bodily injury.
Christopher DeShazo was killed in the crash, and Jonathan Crowley suffered a serious brain injury. The two men were crossing the street in broad daylight when Walker's truck struck them and dragged DeShazo for several yards.
"He shouldn't have been driving that truck. Period and end of story. He shouldn't have been behind the wheel. And because he was, my cousin was killed, and my cousin was seriously injured," Allyson Andersen said. Anderson is a cousin of the victims. She says the law needs to change and questions the methods used to collect evidence.
"You know, we know he was at the bar before (the accident). So they keep reporting that alcohol wasn't a factor. There was an hour after that they drew his blood, and in addition to that, adrenaline metabolizes things differently. Should he have been driving? No. It could have been any member of this community who was harmed and killed that day. I hope people understand and take responsibility for their family, friends, and loved ones who have issues with alcohol. It could have been any member of this community who was harmed and killed that day. I hope something good can come out of this."
Andersen, who is related to DeShazo, described him as a light-hearted man who did not deserve the suffering he endured. The family questions whether the charges match the severity of the crime, though Andersen acknowledged the complexity of the situation.
Butte-Silver Bow prosecutor Ben Krakowka told the court that the charges were appropriate.
"This was a very difficult case for the state to perform a legal analysis on, as far as charges. We got the blood alcohol of the defendant, and it was .031it wasn't even at half of .08, where it's definitely illegal to operate a motor vehicle. Even with the ten percent margin of error, he still wasn't even close," Krakowka told the judge.
He said the blood draw was taken one hour and two minutes after the accident, and there was. no other substances in his system. Krakowka said that Walker was also not speeding according to the video of the incident.
"Does the charge match the crime? No. Do we want to lock an elderly man who can't even hear, see, or understand without help behind bars? That doesn't seem like that would help anything," Andersen said.
Andersen said she is working with legislators to improve laws related to such cases. Judge Brad Newman revoked Walker's driver's license, prohibiting him from driving, and ordered him to sell his truck as part of the sentence.
A civil trial is pending in the case.
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