Kenneth Stone

A trial is underway for a Cody area man who went into the wrong lane and crashed into an oncoming vehicle along the Northfork Highway in October 2020. 

Park County prosecutors say Kenneth W. Stone was under the influence of sleeping medication and alcohol at the time of the collision east of Yellowstone National Park. The county attorney’s office has charged Stone with a felony count of aggravated assault and battery, alleging that by crashing his Ford Ranger into the oncoming Dodge Charger while impaired, he “did knowingly cause bodily injury … with a deadly weapon.” Both Stone and the four occupants of the Charger suffered injuries in the crash.

Stone’s attorney, however, contended during Monday’s opening argument that it was simply an accident and not a criminal act. Defense attorney Nick Beduhn suggested that the biggest issue in the case will be whether Stone acted knowingly.

“We’ll suggest and present evidence to you that this was an accident and that there is no criminal intent here,” Beduhn said.

He noted that Stone is presumed to be innocent and asked jurors to “please, please just keep an open mind as we go through this case.”

“I’ve got to tell you that it is my pleasure to represent Mr. Stone,” Beduhn told the jury. “It’s my pleasure … and privilege, because he is an innocent man.”

Meanwhile, Deputy Park County Attorney Jack Hatfield told jurors that it’s a simple case. Hatfield told jurors they will hear testimony that Stone was at fault and “this was a crash waiting to happen.”

While not directly mentioning the allegation that Stone was intoxicated, Hatfield said there was “nothing else to explain why Mr. Stone ended up taking his Ford Ranger pickup truck and going head first right into the victims’ vehicle on their side of the road.” The prosecutor added that, “the reasons for Mr. Stone doing that will become abundantly clear during this trial.”

In charging documents, Wyoming Highway Patrol Lt. Lee Pence said that after the crash — which occurred in sunny, dry conditions on U.S. Highway 14/16/20 — Stone appeared to be in a “trance-like state.” Pence came to believe that Stone was impaired due to a combination of alcohol and medication, namely opiates and sleeping medication. Tests found the presence of all three substances in his system, and Lt. Pence concluded that Stone had been “unable to safely operate a motor vehicle” on the morning of Oct. 6, 2020.

The Park County Attorney’s Office initially charged Stone with an additional offense of causing serious bodily injury while driving under the influence; a conviction for that felony offense can carry up to 10 years in prison. However, Hatfield opted to drop that lesser charge and focus solely on the allegation that the crash amounted to an assault. Because it is classified under Wyoming law as a violent felony, and because Stone has prior felony convictions, prosecutors could potentially seek a sentence of as much as life imprisonment for aggravated assault.

The trial is expected to last roughly four days, going through Friday. Stone can only be convicted of the charge if the 12 members of the jury unanimously determine that the state has proven his guilt beyond a reasonable doubt.

The case is being heard in Park County District Court in Cody, with Judge Bobbi Overfield of Thermopolis presiding.