Somers accident investigation concluded

Kalispell police cleared an off-duty Montana Highway Patrol trooper of any wrongdoing in the traffic death of a 14-year-old Somers boy.

Investigators said Friday there was no indication that negligence on the part of patrolman Dustin LeRette contributed to the accident.

They also ruled out excessive speed as a factor.

A toxicology report to determine the trooper's blood alcohol content is still being processed by the state crime lab in Missoula.

Dane Shattuck, 14, was struck and killed by the trooper's car Tuesday afternoon as he tried to cross U.S. 93 where it intersects with Montana 82 on his bicycle.

Shattuck and a friend, who stayed back, were crossing U.S. 93 to fill their bicycle tires with air at a gas station on the west side of the street, investigators said.

LeRette was traveling south on U.S. 93. when Shattuck failed to yield the right of way, entered the roadway and was hit. The crash occurred almost directly in front of the White Oak Lodge.

Witness statements and evidence at the scene indicate that Shattuck simply tried to beat traffic and failed, investigators said.

They concluded that LaRette's view of Shattuck and part of the intersection was obscured by cars in the left-turn lane.

And police found yaw marks on the pavement just prior to the point of impact, suggesting LeRette wasn't able to see Shattuck until just before the crash occurred, but turned hard to avoid him when he did.

"He just had no time to react," said Kalispell police Sgt. Allen Bardwell, who investigated the case. "This sort of thing could happen to anybody."

Police took statements from at least five witnesses, including an off-duty police officer from out of state and the other boy Shattuck was riding with. None of the statements contained conflicting information, and all of them confirmed investigators' measurements and calculations at the scene, Bardwell said.

Investigators believe LeRette was traveling even slower at the time of the accident than he recalls.

The highway is four-lanes wide and has a speed limit of 65 mph where Shattuck tried to cross.

Because the incident involved a highway patrolman, the Kalispell Police Department and the Flathead County Sheriff's Office assisted in the investigation.

Bardwell called any allegations of preferential treatment for LeRette "not true," pointing out the number of independent agencies involved in the investigation.

The police department's findings were sent to the Flathead County Attorney's Office late Friday, where prosecutors will determine if additional questions need to be answered and what legal action, if any, will be pursued.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com