Man who injured pedestrians while driving drunk gets deferred sentence
A Whitefish man who struck and nearly killed two people while driving drunk last summer received a deferred sentence Thursday morning in Flathead County District Court.
James Bowling French Jr., 57, pleaded guilty to one count of felony criminal endangerment by way of Alford in September. It means he is not acknowledging guilt, but rather that he believes he could have been found guilty of the charge.
As part of the plea agreement with the Flathead County Attorney’s Office, two counts of negligent vehicle assault were dismissed against French.
Judge Heidi Ulbricht sentenced French to six years, deferred. If French completes the terms of his probation, the sentence may be thrown out and the charge dismissed.
Lane Bennett, French’s attorney, told the judge both victims, Beth and Michael Marks, of Marietta, Georgia, were in full agreement with the plea deal.
According to court documents, Whitefish Police officers were called to Baker Avenue the evening of July 14, 2018, for a report of an accident involving a 2012 Mustang GT. The car was found at a 45-degree angle up against a guardrail.
Police found one of the victims, Michael Marks, impaled on a tree branch. His wife, Beth, was found on the ground, about 20 feet below the street in a ditch. Both suffered severe injuries.
When officers spoke with French, he admitted he was driving and said he had consumed alcohol earlier in the day. According to the police report, French’s eyes were bloodshot and glassy, and he smelled of alcohol.
After being transported to the police department, French again admitted he had consumed alcohol before driving into Whitefish for dinner. He said he lost control of his vehicle and saw the two pedestrians shortly before hitting them, the court documents state.
French then completed several standard field sobriety tests, which showed indications of impairment, according to court documents. He was then taken to North Valley Hospital where a blood sample was taken. French also gave a breath sample that allegedly resulted in a blood alcohol level of 0.098. The legal limit in Montana is 0.08.
At Thursday’s hearing, Bennett presented letters of support for French from friends and co-workers as well as documentation from an accident reconstructionist who said the accident was more about French’s car losing traction than speed.
Danel R. Billington II, an accredited collision reconstructionist with Great Lakes Forensic Experts, said his findings indicated French was driving less than 25 miles per hour and that the Mustang lost traction and “fishtailed” on to the sidewalk where the Markses were struck.
Also, Dr. Doug Pitman of Whitefish wrote a letter that was part of the sentencing memorandum. In it, he indicated that French suffered from a severe, acute neurological disorder and that he was also diagnosed with a relatively rare autoimmune disease in 2018.
Pittman wrote that it was opinion that French was medically toxic and experiencing neurological dysfunction at the time of the accident.
Further, a diagnostic evaluation by Alpenglow Clinic in Kalispell indicated French did not have mental health issues, or a substance use disorder.
The clinician who examined French wrote that under normal circumstances, with the amount of alcohol French drank, two beers and one glass of wine, and with the amount of time between then and the accident, his BAC level should have been much lower, if not at 0.00. The clinician wrote that the medical condition contributed to the circumstances of the accident.
The Markses sued and sought compensation for the injuries they suffered in the crash. It was settled earlier this year, but terms weren’t disclosed.
Bennett requested an $80,000 property bond be released because French must sell the family home to help satisfy the terms of the civil suit. He said he will also have to cash out retirement accounts to pay damages.