Jury convicts woman in fatal crash

Sports car rear-ended pickup truck at high speed, killing one and injuring two

By RICHARD HANNERS / Whitefish Pilot

A day and a half after they began deliberations, a jury found a Kalispell woman guilty of causing a fatal accident on U.S. Highway 93 near Happy Valley in July 2006.

Stephanie Schauf, 27, had pleaded not guilty in May 2007 to three felony charges — vehicular homicide while under the influence, negligent vehicular assault and criminal endangerment.

On April 2, the eighth day of her trial, the jury of six men and six women found Schauf guilty of a lesser charge, negligent homicide, for the first count and guilty as charged for the other two counts.

Flathead County District Court Judge Stewart Stadler has scheduled sentencing for May 29. Schauf faces up to 40 years in prison total. She remains free on bond.

Schauf's blue Mazda Miata rammed into the rear of a Dodge pickup truck on July 1, 2006, at about 1:30 a.m. causing both vehicles to leave the highway at high speeds. Schauf's sports car hit a tree and caught fire.

Brett Adams, of Kalispell, was ejected from the pickup and died later of brain injuries. Christopher Gray, of Bigfork, who was driving the truck, suffered broken bones and a punctured lung.

Savannah Hill's injuries were minor, and she was able to speak to an officer at the scene.

Footage from a video camera mounted in Montana Highway Patrolman Martin Schrock's patrol car captured Schauf's combative behavior immediately following the accident. Schrock reported that Schauf "was very uncooperative with the ambulance personnel, punching them" and was "very profane and combative" when he approached her.

Schauf refused to take a Breathalyzer test at the scene. She also tried to kick out the doors after Schrock locked her inside his patrol car.

Schrock said he could smell alcohol on Schauf's breath, but Schauf's attorney, George Best, argued in court that his client's unusual behavior was the result of a head injury, not alcohol. In his opening statement, Best noted that Schauf had made the dean's list at the University of Montana-Missoula's pharmacy school.

Schauf was working at the Pollo Grill in Whitefish the night of the accident. Co-workers testified Schauf clocked out about 11 p.m. but didn't leave the restaurant until about 12:30 a.m. They said she only consumed two 7-ounce glasses of wine during that time.

On the stand, Schauf said she cruised downtown Whitefish looking for a co-worker before heading to Kalispell. She said she had no recollection of the accident.

A witness who reported seeing Schauf speed past him near the U.S. 93-Highway 40 intersection around 1:30 a.m. called 911 after discovering the accident. Jerome Kolden also said the sports car nearly hit his Ford Ranger as it passed him, and he had wondered if the driver was drunk.

Schrock transported Schauf to Kalispell Regional Medical Center around 3 a.m. Two nurses and a paramedic testified that Schauf appeared to be intoxicated. Nurse Peggy Perkins said Schauf's vital signs were normal and that Schauf told staff she wasn't hurt.

Nurse Amy Vanterpool drew blood from Schauf for a trauma panel, which later proved that Schauf's blood-alcohol level was 0.34 — more than four times the legal limit.

In October, Stadler ruled that blood taken from Schauf at the hospital and video and audio recordings made shortly after the accident were admissible

During the trial, Schauf's attorneys questioned whether the blood work had followed the proper protocol. Vanterpool and paramedic Scott Seager, however, said that although the emergency room was busy, that did not affect their ability to treat patients.

Paul Bach, a neuropsychologist testifying for the state, said there was no evidence Schauf suffered a head injury, but he couldn't rule it out. David Nilsson, a neuropsychologist for the defense, said it was clear Schauf had suffered brain trauma, possibly causing amnesia.

Accident-reconstruction experts for the prosecution and the defense also gave conflicting accounts of the crash. Testifying for the state, Paul Blotter said Schauf's sports car was traveling 80-87 mph and the pickup was traveling 65-68 mph when they collided.

Blotter also said there were no signs of either vehicle braking prior to the crash. There would have been more damage to both vehicles, he said.

Testifying for the defense, Larry Tompkins said the pickup was traveling about 57-58 mph when the Miata slammed into it. Using measurements taken from Highway Patrol photographs, Tompkins concluded that Gray had hit the brakes, causing the pickup to suddenly slow down.

A pair of skid marks at the scene could have been made by a vehicle with anti-lock brakes and overlapping block tread, such as Gray's pickup truck, Tompkins said.

While the jury was ordered not to read newspaper accounts, and testimony was limited to evidence relating to the accident, Stadler may consider other factors in sentencing, including Schauf's actions after she was arrested and charged.

According to court records, Schauf's original charges were amended in May 2007 after she allegedly violated her conditions of release. Schauf was reportedly seen at a Fat Tuesday party in Kalispell carrying a bottle of schnapps.

One witness at the party reported hearing Hill, who was a passenger in the pickup truck, ask Schauf what she was doing drinking at the party. Another witness reported seeing Schauf crying shortly after talking to Hill.