Revocation of release for convicted driver denied
District Court Judge Stewart E. Stadler on Tuesday dismissed a petition from prosecutors to revoke the conditional release of Steffanie Ann Schauf.
Schauf in April was convicted of negligent homicide, negligent vehicular assault and criminal endangerment in connection with a 2006 crash that killed one man and injured two other people.
After her trial, Schauf, 27, was released on bond awaiting Friday's sentencing hearing - with the stipulation that she not consume alcohol.
Schauf was re-arrested on June 6 after the Flathead County Attorney's Office received reports that she was seen drinking a cocktail in the bar area of the Los Caporales restaurant in Bigfork.
Schauf spent three days in jail, according to her lawyer, George Best.
But Schauf couldn't have been drinking at Los Caporales the night of May 30 as prosecutors allege, Best told Stadler.
That night, Schauf was at the Swan River Inn attending the rehearsal dinner for her sister's wedding, he said.
Four family members, Schauf, two non-relatives attending the dinner, and even the photographer testified that Schauf was at the rehearsal when the drinks allegedly were purchased at Los Caporales between 6:30 and 9 p.m.
Another eight witnesses to Schauf's presence at the Swan River Inn were available to testify by phone, Best said.
"The person who officiated at the wedding was ready to testify," Best said. "Each had exactly the same thing to say."
Best even presented photos, stamped with time and date, that confirmed Schauf was at her sister's rehearsal dinner.
Flathead County Sheriff's Detective Glen Fulton, who investigated the allegations Schauf was violating the terms of her release, received a receipt with charges for alcohol that witnesses said went to Schauf's party at Los Caporales. The receipt, which did not contain Schauf's signature, was dated May 30.
The witnesses - a bartender and two servers who work at Los Caporales - were able to identify Schauf during the investigation, pointed her out in court Tuesday, and testified they saw her drinking in the restaurant bar.
"We wouldn't have put them on the stand if we believed they were manipulating the system," said County Attorney Ed Corrigan, adding that he didn't believe any of his witnesses were lying or pursuing a hidden agenda.
After hearing about two hours of testimony, Stadler ruled there was insufficient evidence to revoke Schauf's release. She had already been in jail three days, Best said.
Prosecutors tried Schauf on the charge of vehicular homicide while under the influence of alcohol, but the jury found her guilty of the lesser crime of negligent homicide, in addition to negligent vehicular assault and criminal endangerment.
The jury heard from eyewitnesses, accident reconstruction experts, medical experts and Schauf herself during the trial, which started March 21.
Jurors, who deliberated for two days, considered conflicting testimony about how much Schauf had to drink that night, whether Schauf's combative behavior after the crash was due to drunkenness or a head injury, and whether the pickup truck put on its brakes before she rammed into it.
According to testimony, Schauf was driving southbound on U.S. 93 in her blue Mazda Miata at about 1:30 a.m. on July 1, 2006. As she neared the Happy Valley area, her car slammed into the back of a Dodge pickup driven by Christopher Gray.
The impact sent the truck rolling down an embankment, ejecting 24-year-old Brett Adams, who later died from severe brain injuries. Gray and a second passenger, Savannah Hill, were treated for serious injuries.
Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com