Schauf released pending appeal

Facing 10 years in prison for her role in a 2006 drunken-driving crash that killed one man and injured two others, Steffanie Ann Schauf was released on $80,000 bond Wednesday pending her appeal to the Montana Supreme Court.

District Judge Stewart E. Stadler ruled that Schauf, 27, did not present a flight risk and would present a danger to the community only if she drank.

"There is no credible evidence… that in the last year or year and a half, Ms. Schauf drank alcohol," said Stadler, who presided over Schauf's trial and last week imposed her sentence.

Stadler released Schauf with the condition that she abstain from alcohol and undergo random testing to make sure she hasn't been drinking.

Defense attorney George Best called several witnesses Wednesday who testified Schauf is holding a job, has a driver's license, is insured to drive, and has not returned to drinking.

Schauf's fianc/, Fred Breshka, told the court Schauf has stopped drinking and avoids situations where alcohol is present.

"The first thing out of her mouth is, 'Is there going be alcohol there?' I've gone to a lot of functions by myself," Breshka said. "She wants to be that person the state wants her to be."

Schauf's father testified his daughter was now living in his Kalispell home and would be given no chance to drink.

"She would never be a danger to anybody," said Steven Schauf.

Schauf took the stand to deny allegations she had been seen drinking and told the court she harbored no animosity to witnesses in her trial.

"Work, the gym, and my house is pretty much all I'm going to do," she said.

Best, who said he would file his notice to appeal on Wednesday, was ready to call 10 to 12 additional witnesses to testify Schauf was no danger to the community.

Schauf has made all scheduled appointments and court dates, and has significant ties to the community, Best argued.

Prosecutors, meanwhile, made their third attempt to have Schauf denied freedom on bond.

Kalispell lawyer Dale Trigg testified that a year or more ago he spoke with a woman he believes was Schauf in the Remington bar in Whitefish. Trigg said he once represented Savannah Hill, one of the people injured in the crash, in a civil lawsuit against Schauf.

"I realized I may well be talking to the defendant in my civil claim," said Trigg, explaining why the incident stuck out in his mind.

Trigg recalled the woman talking about pharmacy school in Missoula - the school from which Schauf graduated - and was able to pick Schauf out of a lineup.

Trigg testified the woman was drinking and most likely intoxicated.

But on cross-examination, Trigg also testified he wasn't positive the woman was Schauf or exactly when the incident occurred.

The first two accusations that Schauf violated the terms of her release on bond came in April 2007, when she allegedly walked into a party with a bottle of Goldschlager liquor, and June 2008, when she allegedly was seen drinking in the Los Caporales restaurant in Bigfork.

Also testifying at the hearing was Nona Adams, the mother of 24-year-old Brett Adams, who was killed in the crash.

"I do believe she is a danger to the community and I pay that price every day of my life," she said.

Deborah Hill, Savannah Hill's mother, told the court Schauf was avoiding the debt she owes society after her conviction and that releasing Schauf pending her appeal would set a dangerous precedent.

"It would create a contempt for the justice system," she said.

A jury in April found Schauf, 27, guilty of negligent homicide, negligent vehicular assault, and criminal endangerment.

On June 20, Stadler adopted the sentence recommended by prosecutors, ordering Schauf to serve the net effect of 20 years in prison with 10 years suspended. Best had asked Stadler to consider a minimum probationary sentence.

Prosecutors tried Schauf on the charge of vehicular homicide while under the influence of alcohol, but the jury of six men and six women found her guilty of the lesser crime of negligent homicide, in addition to negligent vehicular assault and criminal endangerment.

According to testimony at her trial, Schauf was driving southbound on U.S. 93 in her blue Mazda Miata at about 1:30 a.m. 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 Adams - who later died from severe brain injuries. Gray and Hill were treated for serious injuries.

Schauf had a blood-alcohol level of .34, more than four times the legal limit of .08.

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