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Man sentenced for fatal crash

by CHERY SABOL The Daily Inter Lake
| December 9, 2004 1:00 AM

An Arizona man was sentenced Thursday to 20 years in prison for a traffic crash last year that killed a Columbia Falls woman.

David Helsley of Apache Junction, Ariz., received the maximum possible sentence for negligent homicide in the death of Esther Rahn, 76.

Helsley, who was 44 at the time of the August 2003 crash, had been drinking and was driving too fast when Rahn turned left in front of him at the intersection of U.S. 93 and Commerce Street in Whitefish.

When he sentenced Helsley, District Judge Stewart Stadler commented on his 20-year criminal history and previous prison sentences.

"You are a repeat offender and you are a serious repeat offender," Stadler said.

Helsley pleaded no contest to the charge. He nodded earnestly while Rahn's family testified about their loss.

Rahn's granddaughter had also served time in prison for negligent homicide involving a drunken driving crash.

"I've been kind of where you're at," she told Helsley in court.

She said she made amends, made changes and made restitution after her crash.

"I don't see that coming from you … You're in my prayers. I know if my grandmother were alive, you'd be in her prayers."

Rahn's youngest daughter agreed. "We don't believe you have a lot of remorse," Barton said to Helsley.

Helsley testified that he had worked on the day of the crash and went home to drink "a couple glasses of vodka" after injuring his back. He was driving a minivan after he and others had gone to a liquor store in Whitefish.

"I thought I was pretty much sobered up or whatever," he testified. He had taken caffeine pills to counteract the alcohol, he said.

He remembers "trying to hurry to get through a green light. A car pulled in front of me … It was too late to do anything.

"I remember maybe trying to swerve… I don't think I could have avoided it," even if he had been sober, Helsley said. He estimated he was driving 55 miles per hour or more in the 45 mph zone.

But Neil Duram, an accident reconstruction investigator with the Montana Highway Patrol, disputed that.

He testified that the evidence indicated that Helsley was driving 60 to 70 miles per hour.

"If he had been going the speed limit… [Rahn] would have cleared the path of Mr. Helsley's vehicle."

He said Helsley's reactions were slowed by alcohol. His blood-alcohol level was .25, more than three times the legal limit.

"I don't believe he reacted at all, due to the alcohol," Duram said.

If Helsley had been driving the speed limit or had been sober, "The crash wouldn't have occurred," Duram said.

Defense attorney Gary Doran pointed out Rahn made a left turn in front of Helsley's moving vehicle. He also said Rahn apparently was not wearing glasses, which was a provision of her driver's license.

"Because Mr. Helsley was involved, they do have someone they can vent their anger on," Doran said of Rahn's family.

County Attorney Ed Corrigan said the blame lies squarely on Helsley.

"He was drunk and he was speeding. But for that fact, Mrs. Rahn would be alive today."

Helsley apologized to her family, turning from the defense table to address them directly.

"I'm very sorry for your loss. I can't even imagine how I'd feel in your situation. I do have a drinking problem."

Stadler noted that, with credit for more than a year already served, Helsley could be paroled in about three and a half years if he completes chemical-dependency treatment and other programs.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com