EDMONDS — Trial has been set for early November for an 89-year-old Edmonds man accused of driving drunk and crashing into a pedestrian.
Myron Westmiller pleaded not guilty to vehicular assault in connection with the Dec. 4, 2015, incident. He remains out of custody pending trial.
Everett attorney Brian Sullivan told a judge earlier this month that his client is no longer driving.
Prosecutors allege that a toxicology test revealed that Westmiller’s blood-alcohol level was .098 — slightly above the legal limit. A portable breathalyzer test administered at the scene registered below .08. Officers reported that Westmiller was unable to maintain his balance, appeared intoxicated and smelled of booze.
Westmiller reportedly told officers at the scene that he’d had wine with dinner.
The collision happened at the intersection of Main Street and Olympic Avenue. A sergeant arrived to find Westmiller standing over a man lying in the roadway.
Westmiller reportedly told police he didn’t see the woman, referring to the man on the ground. He said he’d been driving home, turning north on Olympic Avenue when he felt a thump.
“He was unsteady on his feet and his speech pattern seemed to lose track of the subject that he was speaking about,” Snohomish County deputy prosecutor Julie Mohr wrote in charging papers.
The sergeant asked Westmiller and his passenger to return to their car to stay warm. Westmiller reportedly put the car in gear and said, “I’m going home.” He started to drive north but the sergeant was able to reach across the passenger, put the car in park and remove the keys, Mohr wrote.
Westmiller’s passenger told police that the pedestrian had been in the crosswalk.
The victim sustained multiple fractures to his pelvis, along with cuts and bruises. He was taken to Harborview Medical Center in Seattle for treatment.
He told police he was on his way home, carrying groceries when he was hit. He said he was midway in the crosswalk when he saw a car turn left toward him, at a “very fast” speed. He said he didn’t have time to get out of the way, Mohr wrote.
Westmiller’s vehicle was impounded and police obtained a search warrant to conduct a mechanical inspection. The vehicle, including tires and brakes, appeared to be functioning properly.
Westmiller was cited in 2015 for fleeing from the scene of an accident. He also was cited in 2006 for negligent driving.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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