Miller trial goes to jury

The jury in the trial of a Kalispell man accused of driving drunk and causing a 2006 crash that killed a motorcycle rider had yet to return a verdict as the Inter Lake went to press late Wednesday.

The jury deliberated for more than four hours after arguments closed Wednesday afternoon.

Terry Dean Miller, 45, was charged with negligent homicide and failure to remain at the scene of an accident, a misdemeanor, after a crash on Aug. 11, 2006, claimed the life of 40-year-old David Stewart McCann.

Miller pleaded innocent to the charges in October 2006.

During his closing argument Wednesday afternoon, Flathead County Attorney Ed Corrigan asked the jury to carefully compare the credibility of testimony given by prosecution witness Craig Bailey, who was a passenger in the car that struck McCann, and Miller, who testified in his own defense.

"Essentially the case rides on Mr. Bailey's and Mr. Miller's testimony," Corrigan said. "Unquestionably, he's (Bailey) the linchpin in our case."

Bailey, 48, told the jury on Tuesday that he and Miller had finished two pitchers of beer prior to leaving the Blue Moon bar the night of the Aug. 11, 2006 crash.

After dropping off one of Miller's co-workers in Columbia Falls, Miller and Bailey were westbound on U.S. 2 at about 10:30 p.m. At the intersection with Montana 40, Miller turned left - to stay on U.S. 2 - in front of McCann's motorcycle, which was eastbound on Montana 40.

McCann, whose motorcycle struck the car's passenger side at highway speeds, died at the scene from massive blunt force trauma and a broken neck.

Bailey, who was wanted at the time of the crash on a misdemeanor warrant out of Idaho for driving under the influence of alcohol, denied holding a knife to Miller's throat and forcing him the leave the accident scene.

He also told the jury he called 911 to report the crash after returning home because it was "the right thing to do."

Bailey is currently serving time in a Minnesota prison for a felony DUI conviction.

Miller's testimony on Wednesday contradicted almost everything Bailey said.

From the stand, Miller told the court he never went into the Blue Moon and was not drunk at the time of the crash.

He and Bailey had tried to play pool at the Finish Line Cocktail Lounge and Casino in Kalispell, but got no takers. They then went to Columbia Falls, where Miller tried to collect a $50 debt.

On the way back, Bailey wanted to stop at the Blue Moon, but Miller refused. Bailey began harassing him, hit him in the arm, and even grabbed for the wheel.

"The closer we got the more violent he was," Miller said.

As they went through the intersection at U.S. 2 and Montana 40, Miller told the court he heard a thump and felt the car's back wheel rise, like they had run over a piece of wood.

"I never seen the motorcycle," Miller said. "I thought I hit something laying in the road."

After the crash, Miller said he stopped to see what had happened. That's when Bailey told him it was "nothing," held a knife to his throat, and demanded to be taken home, Miller told the jury. Bailey also threatened to kill his daughters, Miller said.

"At that moment I made a judgment to stay alive, for them," Miller said.

After dropping Bailey off at his Evergreen residence, Miller said he began drinking whiskey straight from the bottle.

"I was out of my head," Miller said. "I was crying… I didn't have my senses."

When Miller's blood-alcohol level was tested four hours after the crash, it registered at 0.13, almost twice the legal limit.

During her closing argument, defense attorney Carolyn S. Gill again pointed out the conflicting and incomplete information in the several statements Bailey made to authorities.

"It's pretty clear that what motivates Mr. Bailey is self-preservation," said Gill. "I don't think Mr. Bailey's concerns are Mr. McCann or his family."

She went on to define negligent homicide, arguing that Miller was not drunk or negligent in his behavior that night.

"This case is an accident, not a criminal act," said Gill, asking the jury not to compound the tragedy of McCann's death by convicting an innocent man.

Corrigan simply restated his case.

"The defendant failed to remain at the scene of the accident because he had been drinking and was afraid of getting caught," Corrigan told the jury. "Your verdict is going to turn on who you decide is telling the truth."

Miller's trial had been postponed four times. If convicted, Miller faces up to 21 years in prison and a $55,000 fine.

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