MISSOULA- During a quick-moving vehicular homicide trial, the defendant accused of hitting and killing a Washington tourist on Brooks Street took the stand Thursday afternoon.
Brian Holm sat on the stand and testified about the events before he hit and killed Brian Beaver, 24, of Aberdeen, Washington.
He admitted to drinking before getting behind the wheel, but said he didn't feel he was intoxicated. He also said he didn't fall asleep at the wheel, like prosecutors claim.
"I was faced with an oncoming car," testified Brian Holm.
"About where were you when you were faced with this car?" asked Scott Spencer, Holm's defense attorney.
"Shortly before Brian Beaver," answered Holm.
Holm said he was driving north on Brooks Street when a car came out of a turning lane, so he swerved left to avoid it and ended up in the oncoming lane of traffic.
"At that moment, the cars that I saw coming and there was no way back into my lane," Holm said.
He also testified that when he noticed he was in the oncoming lane, he tried to get off the road and into a parking lot and that's when he hit Beaver.
"Do you remember striking Brian Beaver?" asked Spencer.
"I didn't know what I had struck, I just knew I had struck something," answered Holm.
Holm said after he felt that he hit something his instinct was to swerve to the right and that's when he crashed into a pole.
The Montana State Crime Lab employees testified Holm had depression and sleeping medication in his system. Prosecutors argued those medications are not to be mixed with alcohol and this could have caused Holm to fall asleep at the wheel.
During Holm's testimony, the judge fell asleep on the bench. No one noticed until the prosecutor asked the judge twice to approach the witness, but the judge didn't answer.
Once the jury left the room, the judge acknowledged on the record that he fell asleep. He said here's the defendant testifying about falling asleep at the wheel, and "here I am asleep at the bench."
He then told the prosecutors and the defense to consider if this would impact the case in any way.
The closing statements will begin Friday morning and then it will be up to the jury to decide Holm's fate. (KPAX 8, Missoula, MT)
Isn't the judge the guy who famously said that the 67% of the people of Montana voted to approve med. marijuana the didn't know what they were voting for?
ReplyDeletenot to say the defendant here is innocent, but doesn't he at least deserve a trial where the judge who passes sentence on his future manages to stay away, through the WHOLE trial? please comment!
No, the County Attorney said that 67% of voters didn't know what they were voting for regarding medical marijuana.
ReplyDeleteI thought this judge used to be the county attorney? Either way, a judge should be awake during a trial! Nobody else gets to sleep at work! He can call a recess if he needs a nap!
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