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Deputy cleared in fatal pedestrian collision |
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January 20, 2017 |
On October 8, 2016, Idaho State Police began an
investigation of the fatal crash involving
Kootenai County Sheriff's Office patrol vehicle
driven by Deputy Andrew Nye and a pedestrian,
Amber Viuhkola, on U.S. Highway 95 near Miles
Road.
The investigation involved an Idaho State Police
Collision Reconstructionist, Detectives from ISP
Investigations and ISP Alcohol Beverage Control
division.
As part of the investigation ISP conducted skid
tests on Deputy Nye's vehicle, mapped its
headlights, verified the accuracy of the
vehicle's speedometer and retrieved data from
the vehicle's engine and airbag module.
Video evidence, witness statements and
toxicology analysis were also included in the
investigation.
Based on the investigation, the Idaho State
Police concluded that the primary cause of this
collision was attributed to Viuhkola's failure
to yield to oncoming traffic. A contributing
factor to the collision was Ms. Viuhkola's
inattention to oncoming traffic.
Viuhkola presented a danger to herself and
passing motorists by crossing U.S. 95 at night,
in a poorly lit area of US 95 not marked for
pedestrian traffic and while wearing low
contrast clothing not conspicuous to passing
motorists.
A second contributing factor to the collision
was Viuhkola's impairment by alcohol. A third
potential contributing factor was the presence
of a Toyota truck slowly crossing U.S. 95
beside, and then in front of, Viuhkola.
As a result of the investigation The Idaho State
Police concluded Deputy Nye was traveling at or
near the posted speed limit of 55 mph, did not
have sufficient time to perceive and respond to
Viuhkola's presence in the roadway and he was
unable to avoid the collision.
On January 3, 2017, the Idaho State Police
concluded its investigation and submitted its
reports to the Kootenai County Prosecutors
office for review.
On January 18, The Idaho State Police received a
letter from Kootenai County Prosecutor Barry
McHugh, which stated, in part that "Kootenai
County Sheriff's Office Deputy Nye did not
violate any law in his driving conduct on
October 8, 2016, when Amber Viuhkola walked in
front of Deputy Nye's patrol car on Highway 95."
To read the full letter,
click here.
Based on our investigation and the letter from
Kootenai County Prosecutor Barry McHugh, no
charges will be filed and ISP considers the
investigation closed. |
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