Fatal crash case gets venue change

Case could

go to trial in

October

By FRITZ BUSCH

Journal Staff Writer

GAYLORD -- Judge James Mason granted a change of venue at a motion hearing Monday in Sibley County District Court regarding a fatal accident case that took the life of a 68-year-old Winthrop man last winter.

Kurtis L. Nesbitt, 27, of Edina, faces second degree manslaughter and criminal vehicular operation charges after the Dec. 16, 2003, crash on State Highway 19 between Winthrop and Gaylord that killed Douglas L. Webster.

Gaylord attorney William H. Cowell requested a change of venue from Sibley County on the grounds that a fair trial cannot be held in Sibley County because one of the eye witnesses to this accident is the local district judge, Thomas G. McCarthy of Winthrop.

McCarthy was a former Sibley County Attorney for the immediate 10 years proceeding his nomination to the district court bench.

Mason did not rule Monday on another motion by Cowell to limit the prosecution in the use of pictures taken by the Minnesota State Highway Patrol for the purpose of illustrating the road conditions at the time of the accident.

Cowell maintained that road conditions were changing at such a quick pace that they do not accurately reflect the conditions at the time of the accident.

Mason denied Cowell's motion to limit any discussion or questioning of accident eyewitness Judge Thomas G. McCarthy as to what his occupation is.

In his motion request, Cowell said McCarthy was not acting in his judicial capacity at the time of the accident and his abilities to act as an eyewitness are not either increased or decreased by the fact of his occupation.

Mason said it would not be fair not to mention McCarthy's occupation, even though most people in the area would recognize him as a judge. He added that his being a judge could work for or against either side of the case.

At the end of the motion hearing Monday, Mason, Cowell and prosecuting attorney David Schauer of Winthrop agreed to send the case to a four-day jury trial in October in a neighboring county. Trial dates and location are expected to be set Tuesday.

According to the complaint, Nesbitt was driving a car that passed another vehicle on the snow-packed and icy highway before he rear-ended Webster's pickup truck, pushing it into the path of a semi-truck.

Both serious felony charges carry a maximum sentence of 10 years in jail and/or $20,000 fines.