MISSOULA, Mont. — A Missoula man has been found guilty in the death of a Washington state man who was struck and killed by a car while walking on a sidewalk.
A District Court jury deliberated for less than 30 minutes Friday before convicting Brian Holm, 50, of vehicular homicide while under the influence in the Nov. 9 death of Brian Beaver of Aberdeen.
Court records say Beaver, 24, and two friends had stopped in Missoula on their way to Yellowstone National Park and were walking on the sidewalk when Holm’s car crossed into the opposite lane and swerved up onto the sidewalk.
Prosecutors argued Holm and his wife had been drinking at a Lolo bar and his blood alcohol level was 0.10 nearly 90 minutes after the crash. Court records say he also had a prescription sleep aid, antidepressant and painkiller in his system.
“In making these decisions, the defendant completely disregarded the safety of others,” Deputy Missoula County Attorney Shawn Thomas said in his closing arguments Friday morning.
Public defender Scott Spencer argued there was no evidence Holm was actually impaired that night. Holm testified Thursday that he swerved into the wrong lanes to avoid a head-on crash.
“For that, you could say, ‘Brian Holm, it is still your fault, but it is not a crime,'” Spencer argued.
Beaver’s widow, Crystal, said she was pleased with the verdict.
District Judge Dusty Deschamps scheduled sentencing for Sept. 12. Holm remains free on $50,000 bond.
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