Two dramatically disparate versions of events emerged Monday as attorneys outlined their cases during opening statements in the negligent homicide trial of a Kalispell man accused of driving drunk and causing a 2006 crash that killed a motorcycle rider.
On the day in question, Terry Dean Miller, 45, had worked an 11-hour day on a construction site, defense attorney Carolyn S. Gill told the jury. Not expecting to be paid until the job was completed, Miller pawned some guns and got $40 - which he spent on gas, food and chewing tobacco.
After a nap, Miller went to visit a friend at an apartment complex in Evergreen. While there, he was hailed by 48-year-old Craig Bailey, a recent acquaintance with whom he had shared an apartment for about two weeks.
They went to the Finish Line in Kalispell to shoot some pool, and then on to Columbia Falls so Miller could collect some money loaned to a friend.
On the way back, Bailey began harassing Miller about stopping at the Blue Moon to see the rodeo. Miller didn't want to go, but Bailey kept harassing him - even as they went through the intersection of U.S. 2 and Montana 40.
"He did not see a motorcycle coming toward him," Gill said. "When the motorcycle hit the car, Terry did not see it."
Miller stopped, but Bailey - who had an active warrant out of Idaho for misdemeanor DUI - allegedly held a knife to Miller's throat and forced him to leave the scene, allegedly saying, "I'm not going back to prison."
Miller returned home, and only then - distraught and upset - did he begin drinking, Gill said.
"At this point, the only question that should be in your mind is 'I wonder what happened?'" Gill told the jury.
Prosecutors believe they already know.
They charged Miller with negligent homicide and failure to remain at the scene of an accident, a misdemeanor, after the Aug. 11, 2006 crash claimed the life of 40-year-old David Stewart McCann.
Miller pleaded innocent to the charges in October 2006.
"He made his left-hand turn and went into the path of Mr. McCann's motorcycle," said Deputy County Attorney Lori Adams. "That turn cost Mr. McCann his life."
Bailey, who is currently serving time in a Minnesota prison for a felony DUI conviction, will testify he and Miller had been drinking at home, Adams said. Then they had two pitchers of beer and two games of pool at the Blue Moon before dropping a friend off in Columbia Falls. On the way back to Evergreen, Miller failed to yield the right of way and caused the crash that killed McCann. Then he fled.
Montana Highway Patrol trooper Ed Sievers testified Monday that Miller and Bailey were westbound on U.S. 2 at about 11:30 p.m. At the intersection with Montana 40, Miller turned left - to stay on U.S. 2 - in front of McCann's motorcycle, which was eastbound on Montana 40.
McCann, whose motorcycle struck the car's passenger side at highway speeds, died at the scene from massive blunt force trauma and a broken neck. He left a 37-foot skid mark as he tried to stop.
Bailey eventually called 911 and reported the incident, Adams said.
"He realizes that his face is the last face David McCann saw," said Adams, acknowledging that Bailey's story has changed several times. "Craig Bailey's testimony is enough to prove this case."
Officers tracked Miller to his home and arrested him. When his blood-alcohol level was tested four hours after the crash, it registered at 0.13, almost twice the legal limit.
Miller's trial has been postponed four times. If convicted, Miller faces up to 21 years in prison and a $55,000 fine.
Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com
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