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Old 08-03-2005, 09:27 PM   #1
HighwayChile OP
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klr rider RIP sedro woley, wa

DEADLY CRASH
By BEVERLY CRICHFIELD and MARTA MURVOSH Staff Writer

State Patrol Sgt. Jason Longoria Tuesday explains to Skagit County Prosecutor Tom Seguine the details of a fatal collision on Highway 9 at the bridge over the Skagit River, south of Sedro-Woolley. The crash killed a motorcyclist, and troopers arrested a Ferndale man in connection with the collision. Prosecutors are often called to the scene of fatal accidents if law enforcement believes charges could be filed.
Matt Wallis / Skagit Valley Herald
Ferndale man arrested in hit-and-run accident

A motorcyclist was killed Tuesday afternoon after a collision between two pickup trucks on Highway 9, just south of Sedro-Woolley, and a hit-and-run suspect was arrested a short time later in Mount Vernon.

The collision was caused by an apparently speeding pickup truck that struck a truck and trailer, causing that truck to jackknife into the path of a northbound Kawasaki motorcycle on the Skagit River bridge.

The motorcycle rider, Thomas McDonald, 62, of Sedro-Woolley, died of head injuries in the crash, State Patrol Detective Craig Cardinal said. The drivers of the two pickups and a passenger in one of the vehicles were uninjured, troopers said.

Troopers arrested a Ferndale man in connection the collision, after he was accused of causing the crash and leaving the accident scene.

Troopers said the accident happened when a yellow 1983 Chevrolet S10 pickup, hauling a stump grinder, was rear-ended. The Chevy was driven by James Catway, 30, of Sedro-Woolley, southbound on Highway 9.

Joey Catway, 32, also of Sedro-Woolley, was riding in the Chevy.


At the same time, McDonald was driving his 1989 Kawasaki motorcycle north on the highway. Witnesses told troopers the driver of the white Dodge pickup sped behind the truck and trailer.

The 50-year-old Ferndale man's white 1991 Dodge Ram 150 rear-ended the towed stump grinder, Cardinal said.

The impact caused the trailer and Dodge to jackknife and rotate into the northbound lane, troopers said.

Catway's truck hit the motorcycle hard enough to almost throw it and McDonald off the bridge, State Patrol Sgt. Jason Longoria said.

McDonald, who was wearing a helmet, was thrown from the motorcycle and struck the guardrail, Cardinal said.
The crash occurred around 3:10 p.m. and was reported by witnesses about 4 minutes later to 911, troopers said.

At least one witness followed the suspect in the white pickup as he drove from the scene. The witness used a cell phone to give police the suspect's location as he drove toward Mount Vernon, Longoria said.

Dispatchers contacted Mount Vernon police, and Detective Joel McCloud — who was in the area working on an unrelated case — began to look for the white Dodge pickup, troopers said.

McCloud saw the pickup on East College Way near 30th Street. The truck had front end damage, and a witness, following in another vehicle, was pointing at the Dodge, said Mount Vernon police Lt. Ken Bergsma.

McCloud turned on his lights and siren and stopped the Dodge a short distance later, police said. McCloud and a trooper took the suspect into custody at gunpoint about 16 minutes after the crash.

Troopers said the man has a warrant from Whatcom County District Court for failing to appear for a hearing on a charge of driving under the influence. He was being held today in the Skagit County Jail on investigation of vehicular homicide and hit and run. Investigators said alcohol may be involved.

During their investigation, police and troopers blocked the intersection of College Way and 30th Street for a time. Traffic slowed to a crawl along a short section of College Way near the site. People working in nearby businesses and living in homes stood outside to watch the arrest.

Meanwhile back on Highway 9, troopers blocked off about a half of a mile of the roadway for several hours while they investigated the fatality.

Skid marks streaked the pavement where troopers said the white Dodge had suddenly braked during the accident.

"The driver of the white truck obviously was going well over the posted speed limit," Longoria said.
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Old 08-03-2005, 10:05 PM   #2
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Saw that on the news a few nights ago... saw the DS bike and wondered who it might be.

Don't know Mr. McDonald... but Godspeed to him and happy remembrances of his life for his family and friends.
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Old 08-03-2005, 10:07 PM   #3
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Cry There's no shortage...

...of low lifes in Washington State. Hit and runs seem like the norm here. Too many uninsured scumbags and LOW LIFES. I hate to even read articles such as this. God bless the unsuspecting rider and the grieving family he left behind. Watch yourself and always be cautious, especially here in WA. Sad. WFC
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Old 08-03-2005, 10:10 PM   #4
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Old 08-03-2005, 10:15 PM   #5
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Life is precious. Rest easy Tom.
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Old 08-06-2005, 09:13 PM   #6
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greetings from Wa state
 
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the stump grinder has done several stumps for me (with his dad) nice folks, looks like a DA is going for full court press against the .40 drunk. didnt know Tom, good on him for ridin off road into his 60's, I rode a lot of SVMC events a while back , nice folks, too bad.

http://www.skagitvalleyherald.com/ar...ews/news99.txt

Charges filed in fatal wreck
By LEVI PULKKINEN Staff Writer

Nicholas Dwight Gustafson, 50, is loaded Tuesday into a patrol car by Detective Joel McCloud (center) of the Mount Vernon Police Department and Trooper Brent Hanger of the State Patrol. Gustafson has been charged with vehicular homicide and hit and run following a deadly crash on Highway 9.
Matt Wallis / Skagit Valley Herald
Ferndale man charged with vehicular homicide; police say alcohol was factor

A 50-year-old Ferndale man allegedly involved in Tuesday's fatal crash on Highway 9 has been charged with vehicular homicide. The man has a history of drunken driving arrests in Skagit and Whatcom counties as well as in Alaska.

Skagit County Prosecutor Tom Seguine filed charges against Nicholas D. Gustafson late Friday. In addition to the charge of vehicular homicide, Gustafson was also charged with fleeing the scene of a fatal vehicle crash.

Clear Lake resident Tom McDonald was killed in the collision on Highway 9 allegedly caused by Gustafson. Another driver involved in the wreck was not injured.

Gustafson was extremely intoxicated with alcohol at the time of the crash, according to court documents. A blood alcohol level test administered two hours after the accident pegged Gustafson's blood alcohol level at 0.4 percent — five times the .08 percent legal limit.

Gustafson's attorney, Dennis Scott, declined to discuss the accusations against his client in detail. Speaking to the Skagit Valley Herald on Friday evening, he said the prosecutor's office had not yet notified him that charges had been filed or provided his office with any paperwork.

But Scott did say his client intends to plead not guilty.


"We're planning on mounting a vigorous defense," said Scott, a public defender. "We look forward to trying our case in the courtroom."

Driver drunk, say police

The crash occurred around 3:10 p.m. Tuesday at the Skagit River Bridge on Highway 9, just south of Sedro-Woolley.

According to court documents, Gustafson was driving his white 1991 Dodge pickup south on Highway 9 when he overtook a slower moving Chevrolet pickup that was towing a stumpgrinder.

The smaller truck was forced into the northbound lane, where it collided with McDonald's Kawasaki motorcycle.
McDonald, who was wearing a helmet, was thrown from the motorcycle. He died at the scene from a head injury.

Gustafson exited the truck immediately after the collision, according to witness reports filed by the prosecutor's office.

He then allegedly walked over to McDonald, who lay between the guardrail and the bridge railing. According to the affidavit filed Friday, when Gustafson saw McDonald he said "Damn!" or "Oh man!", returned to his battered truck and sped away.

People at the scene yelled at Gustafson to stop — one even tried to block his path — but he headed south on Highway 9.

Following tips from a witness following the white Dodge pickup, police caught up with Gustafson on College Way in Mount Vernon about 20 minutes after the crash, according to an affidavit filed with the court. Officers with the Mount Vernon Police Department stopped him after he briefly failed to pull over.

Initially, Gustafson told arresting officers the crash wasn't his fault and claimed to have been rear ended. No damage was found on his truck's rear bumper.

He then told police he'd left his Ferndale home at 7 a.m. that day. When, at approximately 3:30 p.m., he was asked by police to estimate the time, he allegedly replied that it was 9:30 a.m.

Gustafson initially denied that he got out of his vehicle at the scene. But later in his interview with the police, according to court documents, Gustafson said he got out to look at McDonald.

Inside the truck, police allegedly found numerous beer containers.

Seguine said he's never seen a blood alcohol level as high as Gustafson's during his 15 years as a prosecutor.

"I've handled thousands of DUI cases, quite literally, and it seems to me that the highest reading I've ever seen was 0.36," Seguine said.

But Scott argued that the blood-testing machines used to establish suspects' blood-alcohol levels are unreliable.

"The fallibility of the machine has been proven over and over again," he said.

Longer sentence may be sought

Although he has never been convicted of the crime, Gustafson has been charged three times in Washington for driving under the influence, according to court documents.

Gustafson was charged with DUI in 1992 in Whatcom County District Court, but pleaded guilty to negligent driving.

He was arrested for DUI again in Whatcom County in 1997. There is a warrant out for his arrest because he failed to appear in court to face the charge.

The same year, Gustafson was arrested for DUI and refusing to take a breath test in Anchorage, Alaska. He failed to appear for that trial as well and a warrant has been issued for his arrest there, according to an Alaska criminal records database.

In 1993, Gustafson was charged with DUI in Skagit County. As in the 1997 arrest, he did not appear in court as ordered.

A bench warrant was issued against Gustafson, but the warrant was quashed when the case against him was dismissed in 2002. The reasons for the case's dismissal were not available at press time.

Gustafson also has been charged with several other vehicle crimes, including driving without a license and failing to follow instructions from police officers.

Under the standard sentencing guidelines, Seguine said Gustafson would face three to four years in prison if he's found guilty. But the prosecutor said he is considering arguing that extraordinary circumstances exist in the case.

If that argument is accepted, Gustafson could face a much longer prison sentence if found guilty.

"It basically opens the door to us asking the court ... for any number of years we feel is appropriate," Seguine said.

But Seguine will have to win the trial first, said Scott.

Scott said he may even call Seguine as a witness, as the prosecutor went to the crash scene. Scott said he didn't know if, as a potential witness, Seguine would be forced to assign the case to a deputy prosecutor.

Gustafson is currently being held in Skagit County Jail in lieu of a $250,000 bond. He is scheduled to be arraigned on Thursday.
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Old 08-07-2005, 12:22 AM   #7
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Sorry to hear it, something like this can catch any of us.
Glad they caught the asshole, kudos to the people who followed the guy.

They need to crank up the charges on this guy.
Hopefully the manslaughter count sticks.

Personaly I think he should be stoned to death on pay per view
by the victims family, with all the proceeds going to them...

R.I.P. Tom
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Old 08-07-2005, 10:00 AM   #8
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Holy crap a .40 BAC

My friends and I used to have access to a breathalyzer and used to see who could blow the highest. To give you an idea, at .08, you have no doubt that you are under the influence, you can definitely feel you have a head going. It isn't that drunk, but you can surely feel it. By .10 you are definitely feeling it, even if you are a daily drinker like I was at the time, .10 is a decent buzz.

The highest I ever managed before stopping was a .28 and that is college drunk, hard to walk etc. and one where you know the hangover is going to hurt.

It's amazing anyone could live through a .40 let alone decide to drive. I wish they could fry that bastard.

We had access to the machine because we were on a volunteer first aid squad. If you spend time doing that, you will lose any tolerance for drunk drivers awfully quick. Senseless killing like this story is all that happens and you get tired of cleaning up after it.
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Old 08-07-2005, 01:02 PM   #9
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Quote:
Originally Posted by kawidual

They need to crank up the charges on this guy.
Hopefully the manslaughter count sticks.

Personaly I think he should be stoned to death on pay per view
by the victims family, with all the proceeds going to them...

R.I.P. Tom

Amen.
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Old 08-07-2005, 08:05 PM   #10
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Fry him indeed!!!

There is no "not guilty" when you drink and drive. Bastard ought to fry twice...
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Old 08-07-2005, 10:42 PM   #11
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Hang him high - hang him long.
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Old 08-08-2005, 09:14 AM   #12
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another rider down, damn.

lots of fatal chrashes lately in sno/skagit/whatcom counties, seems like much more then in the past, most single rider crashes but a number of car into bike too.
hopefully Brian was out when he when over the cliff


Motorcylist identified


KATIE N. JOHANNES
THE BELLINGHAM HERALD
A Stanwood man died in a motorcycle crash when he missed a curve and was thrown down a 300-foot cliff near the eastern end of the Mount Baker Highway on Saturday.
About 6 p.m., Brian M. Smythe, 30, was westbound near the Mt. Baker Ski Area when his motorcycle went off the road and struck a concrete wall.
According to a memo from the Washington State Patrol, Smythe may have been driving too fast to negotiate the curve.
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Old 08-08-2005, 02:54 PM   #13
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Very sorry to hear of Mr. McDonald's death, best wishes to his friends and family.

Sadly, another case of a serial DWI criminal. How/why this guy was allowed to be slapped on the wrists, or walk away from previous charges amazes me. I hope the courts and defense attorney's who were involved are grieving for Mr. McDonald. Unfortunately, I do not believe for one second that they are.
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