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Vehicular homicide charges advance

By Amanda H. Miller, Jackson Hole, Wyo.
August 28, 2009

A judge determined Thursday that there is probable cause in the case against a man accused of being under the influence of prescription drugs when he was involved in a crash that killed a motorcyclist earlier this month.

Ninth Circuit Judge Timothy C. Day forwarded the case against Nathaniel A. Hubbs, 31, to the 9th District Court for trial after a preliminary hearing Thursday.

Motorcyclist Martin Burbey, 54, of Oregon, died in the crash Aug. 8. Hubbs, of Jackson, is charged with aggravated vehicular homicide.

Teton County Attorney Steve Weichman called Wyoming Highway Patrol Trooper Jared Reilly to the stand to summarize witness statements for the judge. Witnesses wrote that they saw Hubbs’ northbound 2004 GMC Yukon drift through the southbound left turn lane and into the inside southbound lane near Rendezvous Bistro and the south end of the Albertsons parking lot on Highway 26/89/191. The Yukon hit Burbey’s motorcycle.

Reilly also summarized a statement from Hubbs’ boss at Knobe’s RadioShack, who said he believed Hubbs was under the influence of “some drug.”

Another statement from an employee at Carquest said Hubbs seemed to be falling asleep as he poured oil into his vehicle Aug. 8.

Hubbs’ attorney, Dick Mulligan, asked Reilly about one witness’ statement that said she saw a bottle of beer rolling around in the road near the accident and if Reilly smelled any alcohol on Hubbs or on Burbey.

Reilly said he never saw the beer bottle and did not smell alcohol on Hubbs or Burbey.

Weichman also called Sgt. Slade Ross of the Teton County Sheriff’s Office to the stand. Ross said he was involved in reconstructing the accident with expert John Daly. They downloaded the data recorded when Hubbs’ airbag went off. It showed the speed of the vehicle increasing slightly in the five seconds before colliding with Burbey and it showed that Hubbs did not apply the brakes during that time, he said.

Ross also presented toxicology reports. He said lab results showed Hubbs had about 520 nanograms of generic Valium, a muscle relaxant, in his system when a blood sample was taken about an hour after the crash. Average levels for someone prescribed to take Valium are 100 to 400 nanograms, Ross said.

Hubbs also had about 260 nanograms of Oxycontin, a painkiller, in his system, Ross said. The average level is less than 100 nanograms, he said.

“So he had about two and a half times the normal amount?” Weichman said.

Ross said he talked to the state toxicologist, who told him the two drugs do not react well together.

“It’s not like one plus one equals two,” Ross said. “It’s like one plus one equals four. It enhances the effects. They both cause drowsiness.”

Ross also submitted a three-page list of all of the drugs Hubbs was prescribed throughout the last year. The list included which doctors wrote the prescriptions and where they were filled. Ross said the information came from the Wyoming and Idaho pharmacy boards.

“It was quite shocking,” Ross said of his investigation. “It appears there were several prescriptions for similar medications from more than one doctor.”

Mulligan asked Ross if Hubbs’ doctors and the pharmacists would be able to access the same information and Ross said he thought they probably could.

Mulligan offered no argument against forwarding Hubbs’ case to the higher court.

Hubbs is also charged with violating his probation in a possession of controlled substance case from May 2008.

Mulligan asked Day to continue the probation revocation hearing against Hubbs. Day said he would postpone it until October.

Hubbs is being held in the Teton County Jail without bond on the probation violation charge, the only charge in which bond can be withheld, and a $100,000 bond on the vehicular homicide charge.



 
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