As of Tuesday, December 5, 2017
GRANGEVILLE A 365-day retained jurisdiction was ordered Monday, Dec. 4, for a Grangeville man, convicted on felony vehicular manslaughter in the 2016 death of a Kooskia woman.
That gives David R. McIntyre, 26, a chance to comply with court-ordered programs and treatment during his year’s incarceration. Failure to do so, and he’s looking at serving five to 10 years in prison.
The charge resulted from an Oct. 25, 2016, three-car accident on U.S. Highway 12 approximately three miles north of Kooskia. According to an Idaho State Police investigation, McIntyre was driving westbound and crossed the double-yellow line into the eastbound lane where his 1996 Ford Mustang collided with Eleanor A. Chandler’s 2001 Dodge Neon. Still in the eastbound lane, the Mustang spun around and struck a 2009 Ford Escape, driven by Karl Nelson, 58, of Kamiah.
Chandler, 75, died at the scene. Karl and his wife, Stephanie, were treated for injuries at Syringa Hospital. McIntyre was transported to Seattle for care and released two months later.
McIntyre’s blood tested just following the crash, according to Idaho County Prosecutor Kirk MacGregor, was positive for methamphetamine, marijuana and ketamine.
McIntyre’s plea agreement was reached through mediation between the Idaho County prosecutor’s and public defender’s offices, with support from the Idaho Department of Correction. The agreement was one District Judge Gregory FitzMaurice was willing to accept, though “with some hesitance,” he said.
“The reason I’m willing to agree is my hands are not tied if you are not successful,” Judge FitzMaurice said, noting that both the prosecution and defense agree to imposition of prison time if McIntyre were unsuccessful during his 365-day rider. FitzMaurice said he was willing to give a break in this case to see whether the analysis of McIntyre’s potential to be successful, and his conduct, will resolve some of his hesitancy, “and that you’re a good candidate for probation.”
As part of the sentence, FitzMaurice ordered McIntyre pay a $5,000 civil penalty to go toward in-home care of Chandler’s husband, Darrell Shannon, who is diagnosed with Alzheimer’s. The Nelsons declined to pursue restitution. Also ordered were associated court costs, and a five-year driver’s license suspension upon his release from incarceration, the last of which FitzMaurice said was likely “overkill” due to McIntyre’s blindness suffered as a result of the 2016 incident.
“I don’t want to diminish what you did,” FitzMaurice said to McIntyre, prior to sentencing, that if the incident were due to a mental health issue, or if not, recklessness due to substance abuse, “either way you took a life, and there’s no justification for that.”
FitzMaurice said McIntyre owed it to himself, to the greater society and the victim’s families in this case to do well on this program and with this chance he had been given.
“That chance is built upon the death of another individual,” FitzMaurice said, “and if you squander that chance that you’re given you further minimize that person’s life. If given that chance and to not take it is an insult and further injury to the memory of her life and her family.… Change your life and make it better at this point, and pay homage to the person whose life you took.”