Missoula man pleads guilty to vehicular homicide charge

A Missoula man pleaded guilty Tuesday to a vehicular homicide charge arising from the death of his passenger after he allegedly drunkenly wrecked his pickup truck near Martin City last year.

Bradley Keith Burgess, 37, entered the guilty plea before Judge Robert Allison in Flathead County District Court on May 9 after striking a deal with prosecutors. Allison set his sentencing for June 22.

Details of the plea agreement were not immediately available. Burgess, remanded back to the custody of the Sheriff’s Office after the change of plea hearing, remains in the county jail with bail set at $200,000.

Authorities arrested the 37-year-old after first responders at the scene of the roughly 10:45 p.m., Aug. 29 wreck on South Fork Road reported smelling the odor of an alcoholic beverage on his breath, court documents said. Montana Highway Patrol troopers dispatched to the crash site described Burgess as unsteady on his feet, sporting slurred speech as well as red, bloodshot eyes, according to court documents.

Burgess allegedly admitted to drinking alcohol that night but refused a blood test. Authorities subsequently secured a warrant for a blood sample, court documents said.

Investigators determined Burgess lost control of the pickup truck while traveling southbound on South Fork Road, court documents said. The pickup cut across the road and off the shoulder, rolling down the embankment and ejecting its passenger, Stephanie Nicole Casaulong, court documents said.

Casaulong suffered mortal injuries after the pickup rolled over her, according to court documents.

THE PLEA deal comes after Burgess’ defense attorney, Maury Solomon, twice sought to see evidence suppressed in the case, arguing that law enforcement and medical personnel at the scene encouraged the 37-year-old to incriminate himself.

Prosecutors countered that Burgess willingly incriminated himself, going so far as to explain what happened unprompted by investigators.

Allison issued a split decision on the question of admissibility in February. While he agreed with Solomon that statements Burgess made in the Montana Highway Patrol trooper’s vehicle prior to his Miranda warning were inadmissible, he made other incriminating remarks to first responders voluntarily or spontaneously before being taken into custody.

Allison also dismissed the notion that emergency medical responders encouraged Burgess to incriminate himself. Questions posed by the emergency personnel sought identifying information and an explanation of the crash, Allison wrote in his ruling. They did not ask about alcohol consumption and walked away as Burgess continued to talk, he wrote.

Solomon also argued that investigators responding to the crash encouraged Burgess to call a friend or relative — and then listened in on the conversation as the 37-year-old made incriminating statements over the phone.

Allison noted that authorities on scene asked if they could make a call for Burgess, but the Missoula man declined the offer. Instead, Allison wrote, Burgess dialed a relative “of his own volition.” As he was not yet in custody, Allison declared, Burgess’ remarks “were either voluntary or spontaneous, an ultimately irrelevant difference in this context.”

Upon being placed into a Montana Highway Patrol trooper’s vehicle, though, Burgess was in custody, Allison ruled.

In March, Solomon again sought the suppression of evidence — this time from the blood draw and toxicology reports — arguing that the search warrant secured by investigators was invalid. Allison, in rejecting the motion, noted that the motion came months after the November omnibus hearing, the usual deadline for motions and briefs, and roughly seven months after that hearing was first scheduled.

Allison also tossed out Solomon’s argument as to why the warrant was invalid, writing that they were “without merit.”

News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.