As he prepared to send a Cody man to jail for causing a fatal crash, Park County District Court Judge Bill Simpson said the case was one with “deep resounding pain” but also one affirming …
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As he prepared to send a Cody man to jail for causing a fatal crash, Park County District Court Judge Bill Simpson said the case was one with “deep resounding pain” but also one affirming that “there is more good in the world than bad.”
It was in August 2022, just outside of Cody on U.S. Highway 14A, that Steve “Justin” Novakovich Jr. turned in front of an oncoming vehicle driven by 82-year-old Chuck Wentz of Powell. The ensuing collision inflicted fatal injuries on Charles “Chuck” Wentz, while his wife, Diane, was seriously hurt.
The Park County Attorney’s Office initially charged Novakovich with felony counts of aggravated vehicular homicide and driving while under the influence and causing serious bodily injury. But the case was actively defended and, just before an October trial, the parties agreed to a deal: Novakovich, 49, pleaded guilty to misdemeanor counts of vehicular homicide and reckless endangering (along with a turn signal violation) and agreed to serve 365 days in jail.
At that October hearing, Novakovich apologized to Diane Wentz, and shortly after it ended, she and the defendant shared an embrace.
Reflecting on the moment at Wednesday’s sentencing, Simpson described it as an “extraordinary gesture” that he hadn’t seen in four decades of legal work. It made for an unusual sentencing; Novakovich not only offered condolences and prayers to the Wentz family, but described the entire experience as “overwhelmingly amazing.”
“... the forgiveness, the big hearts, the love and support from everyone,” Novakovich said, “it’s provided us with hope for [the] future …”
One of Novakovich’s defense attorneys, Brigita Krisjansons, similarly called the case “extraordinary.”
“To have a case like this, with so much pain and so much hurt on all sides, and yet to see people moving forward … with hope, it should give all of us some hope for our lives and for humanity and for this practice we call law,” she said.
A contested case
Still, Wednesday’s sentencing was far from a celebration.
In a victim impact statement read aloud at the hearing, Diane Wentz spoke directly to Novakovich saying she prays “that all the bad decisions you made that day will make and change you forever, and you think of this day and the past two years to help you achieve that goal.”
Novakovich was alleged to have been drunk at the time he pulled in front of the Wentzes. However, because hours passed before Novakovich’s blood was tested — and because he did well on sobriety tests — prosecutors faced challenges in proving the defendant was impaired at the time of the crash; a trial would have featured dueling experts, with the defense contending that it was impossible to retroactively calculate Novakovich’s blood alcohol level.
On top of that, Simpson agreed with the defense that the law required prosecutors to prove it was specifically Novakovich’s intoxication that caused him to pull in front of the Wentzes; Deputy Park County Prosecuting Attorney Larry Eichele felt he had little evidence to prove that allegation. On Wednesday, the longtime prosecutor described it as one of his more difficult cases.
“I invested a lot into it,” Eichele said. “Ultimately I had to deal with the legal conclusions.”
Continuing pain
Diane Wentz wrote that she and her family don’t believe the one-year sentence will “serve justice for Charles,” but she said the court had ruled “and we need to accept those decisions.”
Diane Wentz’s statement also described the drastic ways in which the crash changed her life and those of her children, grandchildren and great grandchildren.
Family events aren’t the same without Chuck, she wrote, “since the glue that held the family together is gone forever.”
Diane Wentz also said she’s undergone multiple surgeries for her injuries and faces additional procedures, all while suffering from daily pain. And the emotional pain of losing her companion “seems unbearable at times.”
“But I manage knowing there is nothing by my faith and prayers that will ease the pain,” she wrote.
Simpson made a point of praising Diane Wentz’s courage and faith, and her willingness to offer some reconciliation.
“… we extend to you our deepest sympathies and our prayers and our hope that you will continue to carry on your husband’s memory,” the judge added, calling Chuck Wentz “a remarkable man.”
Simpson also complimented Novakovich and his family, saying the humanity shown by the parties “gives us all some measure of hope that from tragedy — terrible tragedy — can sometimes come some good …”
In addition to the jail time, Novakovich agreed to pay $5,279 in restitution, fines and court costs. He served five days in custody after his initial arrest, leaving 360 days to serve starting Wednesday.