No felony charges in DUI fatal at Blue Moon

The motorist accused of striking and killing a 21-year-old from Columbia Falls while drunk in March faces a trio of misdemeanor charges related to the fatal collision.

John Lee Wilson made his initial appearance before Flathead County Justice Court Judge Paul Sullivan on July 28. He pleaded not guilty to careless driving involving death or serious bodily injury, driving under the influence of drugs and alcohol, and operating without liability insurance in effect.

An omnibus hearing in the case is scheduled for Oct. 3. Deputy County Attorney Suzanne Barnes is prosecuting the case.

Robert Dewbre, 21, died after being struck by Wilson at the intersection of U.S. 2 and Montana 40, near the Blue Moon, according to Flathead County Sheriff Brian Heino. Montana Highway Patrol initially investigated the traffic fatality.

According to police logs, Dewbre was crossing the road from the Blue Moon to the Town Pump when he was hit at about 2:07 a.m., March 11.

County Attorney Travis Ahner declined to go into specifics about the decision to charge Wilson in Justice Court as opposed to Flathead County District Court.

“In general I can say that our office discusses these investigations with law enforcement and we conduct a thorough review of all available discovery and then we make charging decisions based upon our assessment of our ability to prove the elements that we have to prove in the case,” he said.

For a felony vehicular homicide while driving under the influence case, prosecutors also have to prove negligent driving, Ahner said. Because Wilson is being charged in Justice Court, negligence does not need to be proven.

Misdemeanor careless driving is punishable by up to six months in county jail and a $5,000 fine. Driving under the influence, first offense, carries a maximum penalty of six months imprisonment and a $1,000 fine. Operating without liability insurance comes with a fine of up to $500.