POCATELLO — The vehicular manslaughter charge filed against a local man accused of fatally striking a pedestrian while driving drunk in December has been dismissed by Bannock County prosecutors.
Darwin Dee Reisner, 64, now faces one count of felony aggravated driving under the influence and a felony enhancement for being a persistent violator following the dismissal.
Bannock County Senior Deputy Prosecuting Attorney Jonathan Radford declined to comment on the dismissal of the vehicular manslaughter charge because the case is active and ongoing, but a motion to dismiss the charge says it was removed “in the interest of justice.”
Reisner is accused of fatally striking Rachelle Wallace, 36, of Pocatello, as she was trying to cross South Fifth Avenue in the area of the Common Cents convenience store near Jason Avenue, authorities said.
Police arrived on scene shortly after the crash and found Wallace dead in the west lane of South Fifth Avenue from injuries sustained in the collision, according to a police report the Idaho State Journal obtained in December.
Officers heard Reisner state, “I’m the one who hit it,” while on scene, police said.
Officers spoke to a witness on scene who said Wallace was crossing South Fifth Avenue from east to west when she was struck, adding that she was launched into the air and landed about 50 feet from the impact site, according to the police report.
The witness told officers that about 15 to 30 seconds after she was struck, a second vehicle ran over the woman while she was lying on the roadway, police said. The witness also told officers that Reisner admitted to him that he had struck Wallace.
It is possible Bannock County prosecutors opted to dismiss the vehicular manslaughter charge because it would be difficult to prove that Wallace died from Reisner striking her initially and not because the second vehicle ran her over. Additionally, the maximum prison sentence possible for both aggravated driving under the influence and vehicular manslaughter is the same.
Following the crash, Reisner provided officers with two blood alcohol content samples via breathalyzer tests, which were .125 and .128, both of which are one and half times the legal limit of .08 to safely operate a motor vehicle in the state of Idaho.
On the way to the hospital, Reisner told officers, “She ran right out in front of me,” police said.
Reisner is due back in court on March 20 for an arraignment hearing in district court.
If convicted of the felony aggravated driving under the influence charge, Reisner could face up to 15 years in prison and a fine of up to $15,000.
The felony persistent violator enhancement could extend any prison sentence levied against Reisner by no less than five years and up to life.
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The Idaho State Journal invites you to take part in the community conversation. But those who don't play nice may be uninvited. Don't post comments that are off topic, defamatory, libelous, obscene, racist, abusive, threatening or an invasion of privacy. We may remove any comment for any reason or no reason. We encourage you to report abuse, but the decision to delete is ours. Commenters have no expectation of privacy and may be held accountable for their comments. Comments are opinions of the author only, and do not reflect the opinions or views of Idaho State Journal.