Man draws charge after death of a passenger in January

Terry R. Cosner was charged with vehicular manslaughter for allegedly driving under the influence of methamphetamine that contributed to the death of Leanne M. Wyatt, 68, of Reubens.

The 56-year-old Lewiston man was also charged with aggravated DUI for allegedly causing injuries to Jacqueline A. Blake-Culton by leaving the roadway and rolling down a hill.

The maximum penalty for both charges is 15 years in prison as well as a $15,000 fine for the vehicular manslaughter charge and a $5,000 fine for aggravated DUI, according to court documents.

Cosner also faces a persistent violator sentencing enhancement, which increases the maximum penalty to life in prison. Cosner was convicted of three felonies, a 2002 possession of a controlled substance in Nez Perce County; 1996 possession of a schedule 1, 2, 3, 4, drugs in the fifth-degree in Scott County, Minn.; and 1994 possession of a controlled substance in Nez Perce County.

The Nez Perce County Sheriff’s Office was notified of a fatal crash on Jan. 6 on the Old Spiral Highway above Big Sky Lane. Deputies arrived on scene and found a 1998 black Toyota 4Runner that was 75 yards down an embankment on its side. The vehicle appeared to have hit a rock, which caused it to go airborne and hit a creek bed, then roll with the passenger side in the creek bed. The passenger side door was unable to be opened, according to the probable cause affidavit.

Cosner and Blake-Culton were taken to St. Joseph Regional Medical Center. A deceased woman was identified as Wyatt by Blake-Culton. She also told law enforcement that she was wearing her seat belt and Wyatt was on top of her. She allegedly stated there was methamphetamine in the vehicle, according to the probable cause affidavit.

When investigators responded to the hospital, Cosner requested to have an attorney. Blake-Culton said they went to Kootenai Health in Coeur d’Alene because Wyatt’s son died from cancer and they were traveling back. They stopped in Moscow for food and Blake-Culton alleged that Cosner was driving them back to Lewiston. She was asleep when the crash occurred. Blake-Culton also told law enforcement that neither she nor Cosner were drinking, which the investigator thought was strange for her to bring it up on her own, according to the affidavit.

From the car crash, Blake-Culton sustained bruises and black eyes while Cosner had injuries to his chest, knees and neck. Deputies noted that Cosner was falling asleep during the interview and had to be woken up several times, according to the affidavit.

Investigators received a search warrant for Cosner’s medical records Monday that allegedly showed he had a significant amount of methamphetamine in his system, according to the affidavit. Cosner was placed under arrest Tuesday for the felony charges as well as a misdemeanor arrest warrant that was served to him at the Nez Perce County Jail, according to the affidavit.

Cosner made his initial appearance Wednesday before Magistrate Judge Karin Seubert at the Nez Perce County Courthouse. Taylor Allen with the Nez Perce County Prosecutor’s Office argued for a $500,000 bond, citing his criminal history as well as the crash that resulted in a death. He said that keeping Cosner in custody would “protect the community at large.”

Cosner told Seubert he wanted to represent himself and Seubert said he could apply for a public defender if he changed his mind. Seubert asked for his argument on bond, but he brought up other issues with the case. Seubert reminded Cosner that she was only asking for a bond argument and asked him if he wanted public defender Deborah McCormick to make the argument, which he allowed.

However, McCormick said she wasn’t able to present anything on his behalf because she wasn’t able to contact him at the jail. She encouraged Cosner to apply for a public defender to have legal advice “given the potential ramifications.”

Seubert asked again if Cosner wanted a public defender and Cosner said no. Seubert again asked him for his argument on bond and Cosner said that he wasn’t going to plead until he had “the proper paperwork.” Seubert reminded Cosner that she was asking for bond, not a plea. He told her that once his paperwork was fixed “my custody status will be apparent.”

Seubert then set bond at $500,000 given the “very serious charges” and that Cosner poses a “significant risk” to the community. His next court date on those charges is set for March 10.

Seubert also reviewed Cosner’s misdemeanor charges, including a failure to appear on a misdemeanor citation, second offense for not having vehicular insurance, driving without privileges and failure to carry a driver’s license.

Seubert entered a not guilty plea on his behalf for the misdemeanor charges, which is common practice in such cases. Cosner objected to entering a not guilty plea, stating he wasn’t going to enter any plea until he had the proper paperwork. Seubert told him that at this stage, she was going to enter the not guilty plea. He told her, “You can’t do that.”

“Sir, you have a fundamental misunderstanding of the court proceedings,” Seubert said.

Seubert then set court dates in the misdemeanor cases over Cosner’s continued objection.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.