Jury trials again postponed in Idaho’s 2nd District
Only case scheduled was misdemeanor vehicular manslaughter trial, which will be delayed
The new trial for a Carson, Calif., man charged with misdemeanor vehicular manslaughter set for next week in Latah County has been postponed as a precaution against COVID-19.
On Friday, 2nd District Administrative Judge Jay Gaskill ordered all trials in Clearwater, Idaho, Latah, Lewis and Nez Perce counties for Oct. 19-23 to be vacated and reset. The decision was made because of COVID-19 case numbers in the five counties.
There was only one trial that was going forward next week, as all the others scheduled for next week were resolved in mediation, Gaskill said.
The one trial delayed is the misdemeanor vehicular manslaughter trial of Pompeyo Salazar-Cabrera. The COVID-19 pandemic delayed the new trial for Salazar-Cabrera in April, as well. The trial was reset for September, but a state expert witness couldn’t make it to testify in September, so it had been reset to next week.
Salazar-Cabrera was convicted of vehicular manslaughter by a Nez Perce County jury in October 2019, but 1st District Senior Judge Fred Gibler, of Kootenai County, agreed with Salazar-Cabrera’s attorney, Jonathan Hally, that a typo in the Idaho Criminal Jury Instructions should have said “carelessly and heedlessly” instead of “carelessly or heedlessly.”
Salazar-Cabrera is charged in a crash on March 31, 2018, that killed Hayden Garrett, 19, of Clarkston. Prosecutors say Salazar-Cabrera drove recklessly down the Lewiston Hill, with his semi-truck reaching speeds of 67 mph while smoke billowed from the brakes. Salazar-Cabrera did not use any runaway truck ramps along U.S. Highway 95, which reaches a 7 percent grade on the hill. Salazar-Cabrera’s semi-truck failed to stop at the intersection with State Route 128 and crashed into Garrett’s car.
Senior Judge Gregory Kalbfleisch changed the trial’s venue to Latah County in December 2019.
Each week, Gaskill and 2nd District Trial Court Administrator Roland Gammill evaluate the COVID-19 statistics to determine which counties in the judicial district can safely hold jury trials. The Idaho Supreme Court developed a matrix of statistics based on population and new virus cases with public health districts that administrative judges use to determine if jury trials can proceed.
Gaskill and Gammill receive a report each Thursday that uses stats posted on the state’s COVID-19 website to guide their weekly decision.
Asotin County District Court remains shut down
Asotin County District Court will be shut down another week as one employee recently tested positive for COVID-19, but the district court office will open to the public Monday.
“Following the health district’s guidance and contact tracing, we have a few employees under quarantine at this time,” Asotin County Chief Operating Officer Chris Kemp said.
District court shut down Oct. 8 because of exposure to a person who had tested positive for COVID-19. It remained closed this week and will be closed at least through Oct. 23. The office will be open next week, but will be closed for lunch from noon to 1 p.m.
All other offices are open and operating as normal, but those seeking services from county offices are asked to call in advance because some of the offices require appointments, Kemp said.
Wells may be contacted at mwells@lmtribune.com or (208) 848-2275.
