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State v. Larson12/7/2004
Larson was involved in a one-vehicle rollover November 11, 2001, on a frontage road north of Brady, Pondera County, that caused the death of Nicholas John Clare (Clare). The particular stretch of roadway where the accident occurred involved a severe curve, narrow shoulders and barrow ditches on both sides. Around 3:30 a.m., Larson drove his pickup across the fog line and off the right shoulder of the road surface near the beginning of the severe left curve. Larson pulled the pickup back onto the asphalt surface but overcorrected, sending the pickup across the highway and into the left barrow ditch. Attempting to ride-out the ditch, the pickup rolled over two and a quarter times, ejecting the three occupants, Larson, Clare and Lynn Morgan (Morgan), who had not been wearing seatbelts. Larson and Morgan escaped without serious injuries, but Clare sustained blunt-force trauma to the head and died as a result of his injuries.
Emergency medical technicians from the Pondera Medical Center were notified of the accident at 4:04 a.m. and arrived at the crash scene at approximately 4:16 a.m. The EMTs treated the occupants at the scene, declaring Clare dead on arrival. Having determined Clare deceased, the paramedics performed aid on Larson whom they feared had a spinal fracture. The paramedics who treated Larson at the scene and in the ambulance smelled alcohol on his breath, and Larson admitted to one of the EMTs he had been drinking. Montana Highway Patrol Officer Noel Durham, who received Larson at the hospital, also stated he smelled alcohol on Larson's breath.
Montana Highway Patrol Officer, Jerril Ren, was notified of the accident at approximately 4:04 a.m and arrived at the scene at about 4:40 a.m. When he arrived at the scene, he found Clare's body next to a green and silver full-sized Chevrolet pickup resting on the driver's side of the vehicle in the east ditch facing southwest. Officer Ren noticed skid marks at the accident scene indicating Larson's vehicle had drifted off the right side of the roadway, overcorrected and continued across the highway into the east ditch. After taking pictures at the scene, Officer Ren departed the crash scene and proceeded to the Pondera Medical Center.
Officer Ren spoke with Larson at the Pondera Medical Center. When asked by Officer Ren, Larson admitted he and the others had been drinking at various residences and bars as well as in his vehicle in the Conrad and Dutton area earlier that evening. Larson admitted he had consumed between ten and twelve drinks during the evening, including beer and whiskey. Larson also recounted how he had been momentarily distracted during a conversation with Clare and drifted off the right side of the roadway. Larson indicated he tried to steer the vehicle back onto the roadway before overcorrecting and traversing across the roadway and entering the ditch on the other side. Attempting to ride-out the ditch, Larson stated he turned the wheels towards the skid when the vehicle flipped. A sample of Larson's blood was drawn at 5:43 a.m. and sent to the crime lab for analysis. The crime lab reported Larson's blood alcohol concentration was 0.12%.
Officers Ren and Durham investigated the cause of the wreck and took measurements of the three tire marks on the highway in order to estimate Larson's speed. The officers arrived at speed estimates of 84 to 89 mph at the time Larson's pickup crashed. The estimates were later confirmed by Sergeant Brad Sangray of the Montana Highway Patrol, who determined through his own investigation the pickup's estimated speed was 83 mph. This speed was also confirmed, though later recanted at trial, by Morgan who told officers at the accident scene he believed Larson was traveling betwe
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