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Man enters Alford plea in traffic accident causing woman's death

by SCOTT SHINDLEDECKER
Hagadone News Network | April 3, 2021 12:00 AM

Leslie Hayden described her 81-year-old mother, Faye E. Shrode, as an independent and vibrant person at the time of her death a little more than a year ago.

Shrode, a Kalispell resident, died March 2, 2020, at Kalispell Regional Medical Center, one day after she was struck by a pickup truck driven by Michael David Hamilton, of Whitefish. The accident occurred in the parking lot of Walmart on Hutton Ranch Road in Kalispell March 1.

Hayden and other family members gathered in Kalispell Municipal Court Friday morning to hear Hamilton enter a guilty by Alford plea to one misdemeanor count of negligent endangerment.

An Alford plea means the defendant does not admit to a criminal act, but acknowledges evidence exists that he could be found guilty.

“It just wasn’t a fair way for such a good person to end her life,” Hayden said. “I don’t want this to happen to anybody else. Drivers need to be more careful, it could’ve been a child.”

It was an emotional time for family members of Shrode as well as Hamilton as they explained how their lives have changed since the fatal accident.

“My mother was in no way a typical senior,” Hayden said. “She had many years to live, she enjoyed the outdoors, she enjoyed time in Glacier National Park and she was beloved by the children she took care of.”

Shrode ran a small daycare in her home for 20 years. Hayden she was at Walmart on the day of the accident to get things for the children.

“We’re completely heart-broken,” Hayden said. “My brother and I lost the only mother we’ll ever know. I am haunted by the thoughts of whether she was in pain, whether she knew she was dying.”

Hayden also spoke of the loss to other family members, including Shrode’s sister and her grandson.

“Her younger sister, Jan, who lives in Whitefish, lost her best friend. Her grandson Wesley is autistic and he spent nearly every Saturday with his Nana. Now, he blames himself for not being there to protect her.

“He has anxiety in parking lots and he has had to deal with anger and confusion,” Hayden said. “His disability makes it difficult for him to understand what happened. Our mother should be with us planning Easter dinner.”

HAMILTON ALSO sobbed while listening to Hayden speak and during his statement in which he asked forgiveness from Shrode’s family.

“I’ve lived in the Flathead for 30 years, raised daughters and I’m raising a son and stepson,” he said. “This has had an impact on my marriage, I’ve had trouble sleeping.

“I keep thinking about if I had left the house one minute later this wouldn’t have happened,” Hamilton said. “It was a horrible, tragic accident and I ask the family for forgiveness for what happened.”

Hamilton received a one-year suspended sentence in the Flathead County Detention Center. He will serve 30 days of house arrest with electronic monitoring. He was fined $1,105, which was suspended. Hamilton must pay $59,007.73 in restitution to the estate of Faye Shrode.

Judge Lori Adams also ordered Hamilton to complete 50 hours of community service with Habitat for Humanity, which the family recommended.

“We know nothing we do here can bring Faye back to you, but we hope this gives you some comfort,” the judge said.

ACCORDING TO the charging document, three Kalispell Police officers responded to the scene of the accident at about 4:44 p.m. Sunday, March 1, 2020. At the time, first responders from the Kalispell and Smith Valley fire departments were treating Shrode.

One officer could see Shrode’s eyes were open and she appeared to be speaking with emergency medical services personnel. He also saw a pool of blood around her head on the pavement. She was taken to the hospital soon after being struck.

Another officer spoke to Hamilton in an attempt to learn what had happened. In the meantime, a computer check indicated Hamilton had warrants for his arrest by the Montana Highway Patrol for traffic offenses. When the officer checked Hamilton’s insurance card, it had expired Oct. 15, 2019. Hamilton had three prior convictions for driving without insurance in the last five years.

Hamilton reportedly told one of the officers he drove down an aisle in the parking lot and dropped off a child who had been at his home to visit his daughter.

Hamilton maintained he looked both ways before turning left in front of the store. He said he didn’t see Shrode and struck her with the front of his truck. He also said he wasn’t driving fast and “couldn’t believe this had happened.”

The officer said Hamilton didn’t appear to be under the influence when they spoke.

Another officer asked a Walmart employee to see the video surveillance footage of the accident. It reportedly showed Hamilton’s white pickup truck turn left from a parking row. Shrode was wearing a bright pink jacket and had just left the store from the lawn and garden entrance. She was halfway across the road when she was struck by the truck. She was pushed backward and fell to the ground.

Shrode died the next day due to bleeding between the brain tissue and skull.

On March 5, 2020, a Kalispell Police detective spoke with Hamilton and told him Shrode had died. Hamilton then began to weep, had a difficult time breathing and was obviously distraught.

When the detective, an evidence technician and Hamilton walked to the truck to check the vehicle, the accused allegedly said “She’s just so short…so small. I barely could see her head at last. I just didn’t see her...”

The detective then examined the truck and determined things worked properly. There was a lateral crack in the windshield, but it didn’t affect the officer’s visibility. The detective also found no evidence of alcohol, drugs and didn’t find any biological material or DNA on the front of the truck.

According to the charging document, the detective concluded Hamilton’s inability to see Shrode because of her small stature and the blind spot created by the A-Pillar of his truck caused the collision.

The detective believed the negligent endangerment charge was appropriate because it was Hamilton’s responsibility to check his blind spots to ensure he didn’t hit a pedestrian, especially in a high-frequency pedestrian area such as the Walmart exit.

Reporter Scott Shindledecker may be reached at sshindledecker@dailyinterlake.com. or at 406-758-4441.

photo

Leslie Hayden, daughter of Faye Shrode, reads a statement about her mother during a plea hearing for defendant Michael Hamilton at Kalispell Municipal Court on Friday. (Casey Kreider/Daily Inter Lake)