Weekly Poll

What's your view of Congress?




Results

 


March 22, 2011 7:19 am

Teen charged in fatal 2010 crash

Written by CJ Baker

A Powell teen has been charged with vehicular homicide in connection with a crash that claimed the life of a 16-year-old girl last summer.

Jack Farwell, 18, turned himself in on a warrant on Friday on the misdemeanor charge. At his arraignment in Park County’s Circuit Court in Cody on Monday, Farwell pleaded not guilty. He was released on a $10,000 personal recognizance/signature bond.

The charge alleges that Farwell drove the vehicle in a criminally negligent way on June 26, 2010, leading to the death of EmiLee Bapst of Powell.

An affidavit of probable cause filed in the case alleges Farwell was driving 10 miles over the speed limit at the time of the crash.

If found guilty of vehicular homicide, Farwell would face a maximum sentence of one year in jail and a $2,000 fine.

An affidavit from Wyoming Highway Patrol Trooper Dan Walker filed in the case alleges Farwell was driving northbound on Wyo. 295 about four miles north of Powell. At that point, the document says, Farwell crossed the centerline, corrected to the left, then overcorrected to the right.

That caused the 2000 Ford Taurus to spin about 230 degrees counterclockwise and enter a sideways slide.

The car then collided with a large tree off the road, striking the tree at about the center of the car’s passenger side.

“The vehicle wrapped itself around the tree and then rotated approximately 180 degrees clockwise with the tree acting as an axle on a wheel,” Walker wrote.

A reconstruction of the crash by a private firm, Jackson Hole Scientific Investigations, Inc., found that Farwell had been driving approximately 75 miles per hour — 10 miles over the speed limit — at the time of the crash, the affidavit says.

Bapst, who like all four of the vehicle’s occupants was not wearing a seat belt, was partially ejected and died at the scene.

The two other teens in the vehicle — Erik Rodriguez and Luke Sherley — were seriously injured and were airlifted to St. Vincent’s Hospital in Billings for treatment.

The crash left Rodriguez in a wheelchair.

Deputy Park County Attorney Tim Blatt said much of the nearly nine-month gap between the crash and the filing of the charge came as investigators waited for final reports on the crash.

Vehicular homicide is a felony when the driver is alleged to have been driving drunk or recklessly. No such allegations are being made in the case against Farwell, making the charge a misdemeanor.

A trial has been scheduled for June 16.

13 comments

  • Comment Link March 22, 2011 12:44 pm posted by Larry Moore

    It is astounding that vehicular homicide is only a misdemeanor. Some one dies, some one may be held responsible and the fine is not far from what is given for poaching

  • Comment Link March 22, 2011 5:32 pm posted by Jared Baker

    How can criminally negligent be considered anything but reckless?

  • Comment Link March 22, 2011 6:16 pm posted by Sad Situation

    If you would read the article, it states the reasoning behind the misdemeanor is due to the fact that there were no drugs or alcohol involved, therefore, the misdemeanor was the charge. Felony would have come into play if the driver would have been found under the influence, which he was not.

    I would really like for all of you who are so willing to get on your self righteous high horses to take a step back and imagine if one of your children were in the driver's seat. I doubt very seriously any of you would be so quick to make all your judgements you are currently voicing. Matter of fact, I am pretty sure judgements would quickly turn to justifications and rationalizations. Nothing annoys me more than hypocrisy. Do not judge others unless you have walked in their shoes.

    Everyone involved in this accident has experienced major loss one way or another. Granted, some loss no doubt is far more in this situation for some than others. What we need to realize is that this is a devastating and traumatic experience for all involved. It would be nice to see everyone keep their two cents worth of opinions out of these families lives and let them deal and heal. Hate and blame and Sunday morning quarterbacks are the last thing anyone needs.

    I honestly believe the whole situation was merely a horrible accident that unfortunately took a life of a very young girl and severely crippled another.

    I also believe the driver probably did everything within his power to try and get the car under control. More than likely, he has played it over and over in his head trying to figure out what he could have done differently to have come to a different result.

    Anyone who actually believes the result was backed with intent really needs to take a step back. Who would intentially put others in harms way? Granted, driving distracted and speeding is an issue, but we need to remember the car was occupied by 4 teenagers. More than likely, all were distracted. Any one of them could have had the same result if they would have been driving. We also need to remember the victims also chose not to wear seatbelts. That choice in itself played a huge role in their fate. The driver can not be used as the scape goat. We have to look at the whole picture. We can not pick and choose parts to justify what is being felt and believed.

    I know there is still alot of pain and anger with the families of the children lost and wounded. What they need to realize is that hate and blame is not going to help but merely hinder their healing process.

    I really hope all parties involved are able to heal and move on. Noone should ever have to go through any part of this situation.

  • Comment Link March 22, 2011 7:09 pm posted by KLee Baker

    They never actually figured out LEGALLY if there were drugs involved.

    EmiLee was my younger cousin, practically my own sister. It was a tragic accident.... accident being the key word. But he still took the life of another because of negligence. That was HIS mistake and he is responsible, regardless.

    There is a lot more to this story than most people know. We are not on high horses. If you had lost a close family member and it was as disorganized and unclear as most of this case, you would be quick to anger as well.

    These kinds of wounds never heal. And it takes time to forgive.

  • Comment Link March 22, 2011 7:32 pm posted by Connie Talmage

    I wonder how many of the adults in Park County have not gone over the speed limit by 10 mph. I sure that many of you have and it just as well could have been you. Yes teenagers don't have the knowledge or experience of adults and that may have been a factor in the accident. BUT those that were injured and the girl that was killed were not wearing their seat belts as proscribed by Wyoming law. The girl might still have been killed but she sure wouldn't have been ejected. Also the boy who is now in a wheelchair might not be if he had also worn his seatbelt. I bet he is still wishing he had.
    Any more there is this mentality that it has to be more than just an accident. Not too many people get in their car and intend to get in an accident. Let alone kill and maim someone. I think the charges are fair for the information given. He is being held responsible for his actions.

    I know it is hard not to blame the driver. But as stated, there is enough blame to go around. Stop making a bad situation worse. The poor kid will never forget that night and I think that is more punishment than any jail time.

    Adults remember back to some of the crazy things we did in a car and be thankful that our trips ended with everyone arriving home safely.

  • Comment Link March 22, 2011 9:54 pm posted by Casey

    That is Bull Crap!!!!!!!!!!!!

  • Comment Link March 22, 2011 10:44 pm posted by Bill Williams

    Yes they did find out that drugs were not involved by blood tests.People always say rumors after a bad wreck and never know what to say accept to start stories without knowing the truth.

  • Comment Link March 23, 2011 1:06 am posted by KLee Baker

    And each time we speed or go over the speed limit, we are endangering ourselves as well as the others on the road. Yes, we all make mistakes and yes, we are all human. But there was a lot that was left unclear and that was never fully proven in this case.
    Also yes, we were crazy and young once as well. We have all done stupid things. Had to learn from our mistakes. I hope that does learn from this.
    Once you're in the driver's seat, you are responsible for those with you and you do what you can to keep them safe.
    It was their choice to not wear seat-belts. And that is a law. She would've died regardless. Sometimes, it can't be helped. As sad as that is. It was also her own choice, and she paid greatly for her decision.
    God had plans, and now we just have to deal with that.

  • Comment Link March 24, 2011 10:41 am posted by RJ

    We lost our son 10 years ago in a tragic accident that killed two young men. Both passengers died and the driver lived. Our lives were turned upside down by this horrible accident and has never been the same. Our heads wanted to blame the driver, but our hearts knew that any one of those boys could have been driving and that he too was going to have to live with this the rest of his life. We chose love and understanding over hate and anger and I know our son would have been proud of us.

  • Comment Link March 25, 2011 7:28 am posted by Sam

    A primary legal issue here is that no drugs/alcohol contributed to the tragedy. Ten miles over the speed limit can be shown to be not excessive or reckless. At the legal speed limit would the outcome have been different? And the use of seatbelts?

    What message, if any, will be made to insure that this tragedy isn't repeated..or is it just a tragic event with shared blame.

  • Comment Link April 01, 2011 2:04 am posted by friend

    Do any of you get the that this was an ACCIDENT!!!!!!!!!!!!!!!!!!!!!!! Your all dumb if you think he did this on purpose grow up!!!!!!!!! Oh his punishment isnt hard enough!!! Oh god its like a fine for poaching!!!!! What if you were the driver and your best friend got killed how the heck would you feel???!!! everyones coming down on this young man for a mistake in which he was only trying to gain back controll of the car and not get in an accident. Some people are so ignorant and conceeded talk to the people involed in the accident see how they feel!!! They dont blame him!!!

  • Comment Link April 02, 2011 1:00 am posted by Dee Giles

    As EmiLees' mom I believe I have the right to speak for my daughter, since she can no longer speak for herself. First and foremost, I want to clarify one issue that has been repeatedly mentioned in these letters. It WAS NOT proven that drugs or other intoxicating substances were not a cause of this crash. The only tox screen that was performed on any off the occupants in that car was taken from my daughter, by the coroner. Hers was negative for any intoxicating substances. We will never know what the drivers tox screen would have shown, because according to the Wyoming Highway Patrol there was no tox screen drawn on the driver.
    I have no doubt that this crash was accidental and the driver didn't mean to kill or permanently injure anyone. I also understand the many statements of "We were all young and stupid once". However, none of that changes the fact that by driving 10mph over the speed limit the law was broken, and as a result my daughter was killed. I also understand that EmiLee made the choice to now wear her seat belt. She new better than that. However, I have a hard time believing that that should be an offense punishable by death or permanents paralysis as in Eriks' case. However the driver of a vehicle by law assumes the responsibility of his passengers actions and is supposed to make sure he is, as the driver, required to make sure the law is followed while he is operating a vehicle. If a person can not drive in a safe manner, at a safe speed while making sure all traffic laws are being followed while he is the operator of the vehicle, then there should be consequences if and when that driver seriously injures or kills someone as a result or his actions. It's that simple.
    As a mom I can only imagine how difficult this has been for the family of the driver. I am truly sorry for their pain and I don't hold them responsible for the action of their family member. However, I do not feel sorry for the driver. It doesn't matter that he didn't mean to crash or that he was "acting like a crazy teenager like we all did at that age." He has the rest of his life to live, with the possibility of very little punishment as far as the law is concerned. EmiLee doesn't get the chance to have a life and Eriks life has been made forever difficult and painful. Not to mention those of us who loved and raised them both and had a hole ripped out of our hearts that day. That doesn't seem like a fair trade to me.
    Please to those of you who comment here based on rumors, think before you post what are very hurtful and disrespectful things about our children when they do not have the opportunity to defend themselves, unlike the driver. And please don't blame their families for the prosecution of the driver by the State of Wyoming. We did not bring these charges against him. The District Attorney did because he believes that had the law been obeyed by the driver, the crash would not have occurred. And please, if you don't have the courtesy or courage to sign your letter, keep your opinions to yourself.
    Thank you.

  • Comment Link April 02, 2011 2:06 pm posted by sister

    There was no driving under ther influence charges cause the doctor on duty felt it was not nessesary to do a toxicology on any of te kids in the car. The only oe that had one for sure was EmiLee. There re so many of you that donmt know and have no idea about anything in this case. Yes they should have been wearin their seat bealts but like it has ben said we all make that decision. People only know what they read in the paper they were not around to see or hear eveything that had happen. This is going to haunt allof us for the rest of our lives. Some people should really hear everything before opening their mouths.

Leave a comment

*The Powell Tribune reserves the right to remove inappropriate comments.