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Sentence delayedfor youth

by NICHOLAS LEDDEN/Daily Inter Lake
| January 26, 2008 1:00 AM

The sentencing hearing for a 15-year-old boy convicted of negligent homicide for his role in the July traffic death of a Columbia Falls woman was postponed Friday to allow time for the adjudication of additional charges.

Phillip John Wisnewski pleaded not guilty Friday in Flathead County District Court to carrying a concealed weapon, a misdemeanor, and assault with a weapon, a felony.

While awaiting sentencing on his negligent homicide conviction, Wisnewski allegedly threatened another student with a 12-inch sharpened piece of metal borrowed from an acquaintance, prosecutors said. The Dec. 18 incident reportedly occurred on a school bus near Whitefish.

Because the new charges constituted a violation of the terms of his release, Wisnewski was re-arrested but later freed after posting a $20,000 bond.

Pursuant to a plea agreement, prosecutors were ready to recommend Wisnewski receive a probationary sentence for causing a July 13 crash on U.S. 2 near Glacier Park International Airport that killed Sara June Carter, 22. But in continuing the sentencing hearing until the new charges are explored, Judge Ted O. Lympus expressed concerns that probation may no longer be appropriate.

"There are allegations of serious violations of the conditions of his release," Lympus said.

Wisnewski pleaded no contest in December to one count of negligent homicide, tearfully taking responsibility and apologizing for Carter's death.

According to testimony, Carter was a passenger in a Hyundai traveling southbound when a pickup truck driven by Wisnewski, also southbound, tried to make a U-turn in front of them.

Wisnewski, who was not licensed to drive, told the court at his change of plea hearing that he and a group of friends were headed home from a rodeo at the Blue Moon.

They missed a turn onto Hodgson Road and pulled over onto the right shoulder. Wisnewski then attempted the U-turn across both lanes of southbound traffic, almost colliding with the Hyundai.

The Hyundai's driver swerved into the northbound lane to avoid the pickup, then collided head-on with another car.

Carter, who had been pulled from the burning vehicle by passing motorists, was pronounced dead at Kalispell Regional Medical Center about an hour after the 8:13 p.m. crash, according to Flathead County coroners.

There were five other teenagers in the truck at the time of the crash, which left the scene of the accident but was tracked down later.

He was not driving the truck when the group fled, Wisnewski testified.

The six teenagers in the pickup truck initially refused to tell investigators who was driving at the time of the crash, prompting prosecutors to charge Wisnewski with obstructing an officer. That charge was dropped in exchange for his no contest plea to negligent homicide.

The Hyundai's 23-year-old driver sustained minor injuries. The other car's 47-year-old driver also sustained minor injuries. Nobody in the pickup was injured, according to the Montana Highway Patrol.

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