Idaho Justice - Driver in Fatal Motorcycle Collision Sentenced to 10 days in Jail

A Clark Fork man convicted of causing crash which killed a motorcyclist on Highway 200 last year was sentenced Wednesday to serve 10 days in jail.

Judge Barbara Buchanan doubled the state’s recommendation that Oly Lee Morris be sentenced to 180 days in jail, but adopted Bonner County Deputy Prosecutor Roger Hanlon’s recommendation that most of the sentence be suspended.

Buchanan imposed the maximum sentence of 365 days and suspended 335 days. She ordered Morris to serve 10 days in jail and 20 days on the Sheriff’s Inmate Labor Program, the same sentencing terms proposed by Hanlon.

Morris, 20, was convicted earlier this year on a misdemeanor charge of vehicular manslaughter stemming from a Sept. 27, 2006 collision on the western edge of Clark Fork.

Daniel Patrick Krmpotich, a 52-year-old widower with three children, was killed in the crash.

Idaho State Police said Morris was westbound and cut in front of Krmpotich to make a left turn off the highway. Krmpotich laid the motorcycle he was riding on its side and collided with the Mitsubishi sedan Morris was driving, according to state police.

The state argued at trial that Morris was driving inattentively, while the defense questioned Krmpotich’s skill as a motorcyclist.

Krmpotich’s sister in law, Barbara Dubovich, was not sworn in as a witness at Wednesday hearing, but made brief remarks to the court defending Daniel’s riding ability and expressing sorrow that his children lost their last living parent.

Mare Dubovich, Krmpotich’s wife, died in 2003 of breast cancer. The couple grew up in northern Minnesota and moved to the Panhandle in the 1980s to teach at Rocky Mountain Academy.

The state entered into the record a letter Dubovich wrote in April.

“Our family understands that Mr. Morris’ actions were not intentional and that this is a tremendous burden for a young man to carry. However, we would have preferred to see Mr. Morris take responsibility for his actions,” Dubovich said in the letter.

Although Morris pleaded innocent to the charges, members of his family assured the court he is overcome with guilt and is despondent to the point of wishing he could take his own life. They emotionally recounted Morris’ descent into a suicidal depression which has him holed up on a darkened room most of the time.

Morris’ therapist, William Barker, said a jail sentence would exacerbate the defendant’s underlying depression, the product of a troubled upbringing.

“It’s been the darkest time in my life. It’s turned my life upside down,” said Morris, who struggled to stifle back tears as he apologized to the victim’s family.

Hanlon argued some jail time was justified because of a prior reckless driving charge and Morris’ trouble with considering the consequences of his actions. He also called for Morris to pay child support to two of the late couple’s underage children, Anya, 17 and Micah, 13. Hanlon recommended $50 payments to each child per month until they turn 18.

Hanlon acknowledged the payments were relatively small, although Morris’ employability was drawn into question because of his acute depression.

Defense attorney Daniel Featherston objected to the child-support recommendation, contending that an insurance settlement released Morris from any additional financial responsibilities resulting from the crash.

Buchanan disagreed and imposed the child-support order. Buchanan called Hanlon’s recommendations “extremely fair” and told Morris he would not find relief from the tragic crash by secluding himself. She said Morris could find value in his life by helping others.

“What you do is give back,” said Buchanan.