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Manager convicted in connection to crash

by MELISSA WEAVER/Daily Inter Lake
| June 5, 2010 2:00 AM

A bowling alley manager pleaded no contest during a hearing Friday to serving the drunken driver responsible for a crash that killed a Montana Highway Patrol trooper last year.

Diane Pickavance, 40, was convicted for allowing bartender Nathan Hale, 31, to sell alcohol after-hours at Pick’s Bowling Center to fellow employee Travis Vandersloot and others on March 23, 2009, shortly before Vandersloot crashed his vehicle into Trooper Michael Haynes’ patrol car on U.S. 93, killing them both.

“It’s impossible to know the results of the decisions that you make, but, looking back now, I hope that you can see those effects on me and my two little kids that will now grow up without their daddy,” said Tawny Haynes during the Friday afternoon hearing, looking at Pickavance. “I hope that this means that you accept responsibility for those choices and I hope that you will remember that serving and selling alcohol is a tremendous responsibility.

“I pray that God will forgive you and I pray that in time I will be able to forgive you and you will be able to forgive yourself,” she said as a single tear rolled down her cheek.

Wiping a tear from her own eye, Pickavance looked at Haynes and said, “I am truly sorry for your loss.”

During the hearing, Justice of the Peace David Ortley stressed that Pickavance wasn’t being sentenced for the death of Trooper Haynes, but said that “this has some connection.”

That night, then-manager Pickavance joined Vandersloot and others in the bar portion of Pick’s Bowling Center and drank with them until after 2 a.m., court documents state. Hale, who was tending bar, also faces criminal charges.

“What happened on this night was the beginning of a series of events ... that led to the death of these two men,” said Ortley. He said the decision-making abilities of people who are drinking is “certainly significantly reduced as they consume more” and that it is “incumbent on you and other managers not to consume alcohol” so as to have clear judgment in case things go wrong.

“I do think it’s important that something positive come out of this,” said Ortley, explaining why he ordered Pickavance to 100 hours of community service in addition to following the sentencing recommendation outlined in the plea agreement — six months in the Flathead County Jail with all but 10 days suspended and a $500 fine.

Pickavance is also prohibited from consuming or possessing alcohol during that time.

Members of Haynes’ family, Missoula Police Captain Scott Hoffman and Montana Highway Patrol Capt. Clancy King attended the emotional hearing.

Toward the end, John Haynes, father of the late trooper, spoke out against the court system and what he feels is a lack of accountability, saying drunk drivers have no fear of the consequences of their actions.

“They’re going to get off fairly light,” he said. “There is no fear of what happens once you get into this court.”

Ortley responded, “there certainly is a level of frustration that has developed because of the number of cases that are expected to be handled ... what I suggested is that the community needs to look at this ... it is a society-wide approach to a problem that we all have to address, courts included.

“We have a problem in our society, we need to address it, and I think we’re going down that road” he said, explaining why he ordered Pickavance to perform community service directly related to public education on the issue.

Haynes was an aggressive enforcer of DUI laws for the Highway Patrol. Tawny Haynes has continued his work in bringing attention to the problem of drunk driving and has pushed for tougher DUI laws and enforcement.

“No amount of jail time or money can take the place of a person’s life,” said Melody Haynes, the late trooper’s mother, who said she is thankful that Pickavance is taking responsibility and hopes it inspires responsibility in bartenders and others who work in establishments that sell alcohol.

In 2007, Pickavance, under the name Diane Hayes, pleaded guilty to service while closed and allowing people to consume alcohol on the premises after 2 a.m. at North Shore Bowling Center & Casino. Some of those people were not employees. She has yet to pay her fine for that charge.

Pickavance’s sentence begins Monday to allow her to watch her daughter graduate this weekend. She will be out in time to attend another daughter’s wedding at the end of the month. She is a single parent.