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Des Moines driver found not guilty of vehicular homicides
By STEVE MEYER, Courier Correspondent
TOLEDO --- A Tama County jury on Thursday determined the man who drove a van into a pack of motorcycle riders killing three was not guilty of vehicular homicide.
Gary Butler, 49, of Des Moines crossed the center line on U.S. Highway 30 in June 2002. Three men died; three others were injured in the incident.
Butler had faced three counts of vehicular homicide and two counts of serious injury by a vehicle. Three counts of aggravated involuntary manslaughter were dismissed during trial proceedings.
Testimony in the trial centered on Butler's condition at the time of the accident. He worked for Armadillo Express and was driving toward Boone after dropping a Union Pacific Railroad crew in Lowden.
County Attorney Brent Heeren argued in closing statements Butler disregarded company rules by exceeding the amount of time he should have been driving. He also alleged Butler failed to follow a slight turn in the road and went into the paths of the motorcycles because he had fallen asleep.
"He willfully disregarded the safety of persons and property when he decided to drive while he was tired and fatigued," Heeren said.
Keith Rigg of Des Moines, Butler's attorney, countered the claims, saying his client had had sufficient rest at various stops during the day. Rigg also said Butler had successfully negotiated a previous bend in the road.
"Even though he was tired, he was still in control," Rigg said. "You have nothing to indicate he was not fine. All you have is that he got 2 feet over the center line at exactly the wrong time."
Rigg claimed Butler was only distracted for a moment and played heavily on the suggestion distractions and driving while fatigued are something every motorist experiences.
Butler chose not to testify at the trial, which began Monday.
The jury began deliberations Wednesday afternoon but did not reach a verdict until Thursday morning.
Judge Amanda Potterfield found Butler guilty of two traffic violations --- failure to drive on the right side of the road and failure to have his vehicle under control. She found Butler not guilty of careless driving.
Sentencing on the two charges will be at 11 a.m. Jan. 29.
Gary Butler, 49, of Des Moines crossed the center line on U.S. Highway 30 in June 2002. Three men died; three others were injured in the incident.
Butler had faced three counts of vehicular homicide and two counts of serious injury by a vehicle. Three counts of aggravated involuntary manslaughter were dismissed during trial proceedings.
Testimony in the trial centered on Butler's condition at the time of the accident. He worked for Armadillo Express and was driving toward Boone after dropping a Union Pacific Railroad crew in Lowden.
County Attorney Brent Heeren argued in closing statements Butler disregarded company rules by exceeding the amount of time he should have been driving. He also alleged Butler failed to follow a slight turn in the road and went into the paths of the motorcycles because he had fallen asleep.
"He willfully disregarded the safety of persons and property when he decided to drive while he was tired and fatigued," Heeren said.
Keith Rigg of Des Moines, Butler's attorney, countered the claims, saying his client had had sufficient rest at various stops during the day. Rigg also said Butler had successfully negotiated a previous bend in the road.
"Even though he was tired, he was still in control," Rigg said. "You have nothing to indicate he was not fine. All you have is that he got 2 feet over the center line at exactly the wrong time."
Rigg claimed Butler was only distracted for a moment and played heavily on the suggestion distractions and driving while fatigued are something every motorist experiences.
Butler chose not to testify at the trial, which began Monday.
The jury began deliberations Wednesday afternoon but did not reach a verdict until Thursday morning.
Judge Amanda Potterfield found Butler guilty of two traffic violations --- failure to drive on the right side of the road and failure to have his vehicle under control. She found Butler not guilty of careless driving.
Sentencing on the two charges will be at 11 a.m. Jan. 29.
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