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State v. Egelhoff7/6/1995
t in the left temple area and Christianson was shot in the right back side of his head. Pavola's body remained in the passenger seat near the window and Christianson's body was found in the middle of the front seat close to Pavola with his legs on the floorboards in front of the passenger's seat and Pavola's upper body slumped over his legs. Egelhoff's gun was found on the floorboard near the brake pedal on the driver's side and Egelhoff was in the back of the station wagon where the back seat had been laid flat. Egelhoff's revolver was found with four loaded rounds and two empty casings. Egelhoff was lying on his right side with his head towards the back of the cargo area.
Detective Clint Gassett responded to a call about 1:00 a.m. on July 13, 1992, and came to the Libby hospital where Egelhoff had been brought by officers. He testified that Egelhoff was intoxicated, combative and cursing profusely. Detective Gassett, another officer and others attempted to physically restrain Egelhoff by holding him down on the table by his arms and chest. Detective Gassett testified that Egelhoff continued to act wildly during the five to six hours Gassett was at the hospital. Egelhoff would calm down at times only to repeatedly flare up again.
According to the testimony of Detective Gassett, at one point when another detective was preparing to take Egelhoff's photograph, Egelhoff looked directly at the detective, pulled his leg back and kicked the camera out of the detective's hands with the flat of his foot, knocking the camera to the floor. Detective Donald Bernall testified that he thought Egelhoff's coordination was good and he was surprised to learn that Egelhoff's blood alcohol content was .36 percent.
Egelhoff testified that he did not remember much of what happened on the evening of July 12, 1992, his last memory being that he was at the party at the Troy apartment and that the sun had not gone down. He testified he did not remember leaving the party, being in the station wagon, shooting the gun, or kicking Detective Bernall at the hospital. He further testified he remembered that at one point in the evening the station wagon was parked somewhere, and he and Christianson were sitting on a hill or a bank passing a bottle of Black Velvet back and forth between them. He had no recollection of Pavola being with them at that time.
Forensics testing identified gunshot residue on Egelhoff's hands. The bullet that killed Pavola entered her head at the left temple, exited the right back side of her head and was never found. Testimony by the State's firearms examiner indicated that the bullet which killed Christianson could have come from thousands of guns with characteristics like Egelhoff's gun.
At trial, Egelhoff contended that because he had been found unconscious and suffering from intoxication measured at .36 one hour after being brought to the hospital, his level of intoxication precluded him from having driven the car or undertaking the physical tasks necessary to have done what the prosecution claimed he had done. He contended that he suffered from an alcohol-induced amnesia (blackout) which prevented him from recalling the events of the night in question.
When ambulance attendants came to take him to the hospital, Egelhoff kept asking questions like, "Did you find him?" When he sobered up the next day, Egelhoff did not recall asking the questions or to whom he may have been referring when he asked them. Part of Egelhoff's theory which he presented at trial was that there was a fourth person in the car who had disappeared before officers arrived at the scene of the accident.
Dr. Clyde Knecht, a medic
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