August 20, 2018 at 3:59 p.m.
Driver in fatal Three Lakes crash bound over for trial
LaBahn charged with homicide by intoxicated use of a motor vehicle
Driver in fatal Three Lakes crash bound over for trial
After hearing testimony Friday from the Three Lakes police officer who was the first emergency responder on the scene of the June 10 crash on Military Road, Branch II Judge Michael Bloom ruled there was probable cause to believe that LaBahn committed a felony and bound him over for arraignment.
Patrolman Brandon VanNatta was the only witness called by Schiek or defense attorney Andrew Mishlove during the 20-minute hearing.
VanNatta testified that when he arrived on the scene of the accident, it was obvious that the 23-year-old passenger, Austin L. Lockwood, had died from injuries sustained in the crash. LaBahn had a large gash over one eye and was complaining of a back injury, he added.
Before medical personnel arrived, VanNatta testified he asked to LaBahn to lie down so the gash could be treated and that's when he noticed signs that led him to believe the man was intoxicated.
"His speech was slurred and slowed and also there was an odor of intoxicant as we spoke," VanNatta said.
Schiek asked VanNatta how long he was on the scene before other emergency responders arrived.
"It felt like forever," VanNatta replied. "Probably 15-20 minutes."
When EMTs arrived on scene, they checked Lockwood and confirmed he was deceased before turning their attention to LaBahn, the witness continued.
Once transported to the Eagle River Hospital, LaBahn refused to allow a blood sample to be collected. A judge later signed a search warrant for the sample which was collected and sent to the state crime lab.
According to VanNatta's testimony, the lab reported LaBahn's blood alcohol level was .117.
Under cross-examination by Mishlove, VanNatta said he was not wearing a body camera at the time he responded to the accident nor did he believe other emergency responders were wearing the equipment.
Following the bind over, Bloom set arraignment for 10:30 a.m. Oct. 1.
If convicted of the class D felony, LaBahn faces up to 25 years in prison and a fine of up to $100,000.
Jamie Taylor may be reached via email at [email protected].
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