GREEN RIVER â If you ask the prosecutor who tried a Haitian trucker this week for killing an EMT with his truck nearly three years ago on Interstate 80, he was trying to âthread the needleâ through a crash scene where everyone was going too slowly for him.
But if you ask 46-year-old Saviol Saint Jeanâs defense attorney, the former Haitian police officer and newly-trained commercial truck driver was, rather, navigating a chaotic scene for which Wyoming authorities should have closed the road but didnât.
The jury heard these arguments during the closing statements, which ended about 4:20 p.m. Wednesday. Then Sweetwater County District Court Judge Richard Lavery sent the jurors home for the night and told them to return at 8:30 a.m. Thursday for deliberations.
The question is not whether Saint Jean drove a Vamar semitrailer through a heap of debris, into two EMTs, and into an ambulance on Interstate 80 near Rawlins the morning of Dec. 21, 2022.Â
The question for the jury, rather, is whether Saint Jean acted with criminal recklessness.Â
He faces one count of aggravated vehicular homicide and another of aggravated assault, both felonies hinging on alleged recklessness in this case.Â
The first carries a maximum penalty of 20 years in prison and the second of 10 years in prison. He also faces a third count alleging he did not move over for an emergency vehicle, punishable by a fine of up to $200.Â
If the jury decides Saint Jean didnât act recklessly, it may still convict him of a lesser included offense under the umbrella of aggravated vehicular homicide. Thatâs the misdemeanor vehicular homicide, which is punishable by up to one year in prison and fines.Â
The Fiery Prosecutor
Sweetwater County Attorney Daniel Erramouspe cast commonsense and personal accountability as staples of this case, in his closing argument Wednesday.Â
He emphasized that while Saint Jean was driving toward the crash scene that blocked both lanes, an ambulance passed him.Â
And minutes later, Saint Jean came upon a scene âthatâs lit up like the Las Vegas strip,â said Erramouspe. âYou have to think thereâs a substantial risk there, donât you? That thereâs some sort of calamity.âÂ
Thatâs what a reasonable person would do, Erramouspe said, invoking language from the part of the law that defines reckless behavior, in part, as a âgross deviationâ from the standard of care a reasonable person would use.Â
Saint Jean had testified Tuesday that he believed emergency vehicles are generally on the right. He also saw the lights appearing on his right, he said.
Saint Jeanâs expert witness in biomechanics said an array of reflections scattered the ambulanceâs lights chaotically across the road.Â
But to Erramouspe, Saint Jeanâs apparent confusion at what the lights and stimuli meant should have made him slow down even more.Â
âNot understanding whatâs in front of you does not mean you donât understand the risk. In fact, itâs the exact opposite,â said Erramouspe.Â
Later in his rebuttal closing, Erramouspe ventured a theory of his own: Saint Jean was trying to âthread the needleâ and get through the crash, around the slower-moving vehicles.Â
âThis was a person trying to get through the scene, and around whatever was on the right,â said Erramouspe.Â
Referring to the EMTs, he added, âThey were doing their job. Someone didnât do theirs.
âLadies and gentlemen, if thatâs not recklessness, then recklessness does not exist.âÂ
The closing left Gruetzmacher and some of Harrisâs family members sobbing in the courtroom gallery.Â
The Fastidious Defense AttorneyÂ
Saint Jean bowed his head and wept almost inaudibly just before his attorney Joe Hampton started his own closing.Â
The scene is bigger than Saint Jeanâs snap decisions when he mistakenly thought the ambulance was on his right, Hampton said during that argument.Â
Before 4 a.m. the day of the crash, a man driving a 1999, manual-transmission Ford F-150 in two-wheel drive while hauling a trailer westward into the wind on I-80, jackknifed his vehicle.Â
A trucker hauling double trailers, Andrew Gibbs, saw the double-lane blockage and fled into the left-side median, getting stuck in the snow.Â
Another trucker working for Rey Logistics, Osvaldo Herrera-Pupo, crashed into the truck and trailer, sending the F150 spinning into the median and leaving trailer debris scattered in the left lane, while his truck was high-centered on debris in the right-hand lane.Â
Memorial Hospital of Carbon County EMT Tiffany Gruetzmacher drove to the scene in her ambulance, alongside her fellow EMT Tyeler Harris. She parked westward of the debris in the left lane.Â
Other cars passed the blockage on the right-side shoulder, according to Gibbsâ testimony.Â
This was a confusing scene, said Hampton.Â
âThat is the scene Mr. Saint Jean encountered, which he testified he had difficulty perceiving,â said Hampton. The lights by Gruetzmacherâs testimony were âpretty blinding.âÂ
They washed out true shapes; they reflected off the vehicles in the area, at least one of which â a truck and fifth-wheel trailer passing on the right â was moving, noted Hampton.Â
âAnd this is common, especially if youâve ever driven by a police vehicle late at night,â said Hampton. âIn that dark environment (bright reflections) make it difficult to identify whatever youâre looking at.âÂ
Hampton referred to evidence that the human eye will dwell on bright lights, sometimes to the detriment of other details key to perception.Â
Saint Jean drove into the scene at a still-disputed speed that was somewhere between 47 to 60 mph, according to court testimony. Either way, itâs significantly slower than the speed limit of 80 mph.Â
He switched from the right lane to the left, saw at least one person and the ambulance, braked and hit the ambulance and both EMTs.Â
âIt wasnât the right move. But it was reasonable under what he thought were the circumstances,â said Hampton. âHe failed to perceive the risks his conduct could pose to others.âÂ
Failing to perceive things properly doesnât rise to the definition of ârecklessnessâ alleged in the two felony charges, Hampton said.Â
âHe responded incorrectly and ended up causing a terrible accident,â Hampton added. âBut it was an accident.â
Other Key Debates
Other key debates that surfaced during closing included whether Gruetzmacher parked in the right spot, how high the debris was and whether it could have blocked the visual of the ambulanceâs lights to approaching traffic, and whether the Wyoming Highway Patrol or Wyoming Department of Transportation should have closed the road immediately upon hearing of a crash that blocked both lanes.Â
A witness called by both the state and defense, Wyoming Highway Patrol Lt. Tyler Chapman, testified that Gruetzmacher parked in the correct spot.Â
Had she parked off in the median sheâd have gotten stuck like Gibbs. In the right lane and the Rey Logistics truck would have blocked her lights. Eastward of the crash and she heightened the risk of the ambulance being struck, Chaptman said.Â
âHeâs wrong,â Hampton countered in closing. â(Parking there) goes against commonsense. They didnât put out any cones, which they had in the ambulance.â
Hampton had pointed throughout trial to training literature about âblockingâ the scene when arriving to it before other first responders. He concluded that the ambulance should have parked eastward of the debris.Â
There was an even higher chance of being struck there, but the ambulance and lights may have averted that with their greater visibility, he said.Â
Erramouspe countered by showing a still of a dash cam video showing WHP Trooper Scheelâs approach to the scene after Saint Jeanâs collision. Going 120 mph and at about 994 feet out, Scheelâs dash cam video shows both lanes, debris and lights across them and the ambulance lights more pronounced in the left lane. Another still shot at 358 feet out shows the lights and shapes even more clearly.Â
The Ifs
In one of the final witness calls of the trial, Hampton had grilled Chapman about whether WYDOT should have closed both lanes upon hearing of the double lane blockage, or whether WHP should have asked it to.Â
At 4:01 a.m., the double lane blockage was reported, according to a call log Hampton referenced.Â
The ambulance left at 4:08 and arrived at the jackknife wreck 10 minutes later.Â
By 4:23 when Saint Jean hit the ambulance, the road remained open.Â
Within that interval came an entry saying, âBrendon is 10-69,â which meant the roads foreman had been advised of something, Chapman testified.Â
âWYDOT or Wyoming Highway Patrol dropped the ball, in requesting those roads being closed, yes?â asked Hampton.Â
âNo,â answered Chapman. WHP canât close the roads, though it can request its umbrella agency, WYDOT, close the roads.
Itâs important for roads to stay open, if possible, because traffic abates snow and ice buildup, and because 30,000 stalled trucks can deplete a townâs resources during harsh winter conditions, said Chapman.Â
âWe canât close the road every time thereâs a crash,â said Chapman.Â
This line of questioning sent Erramouspe into a frenzy of inquiries, about all the other hypotheticals that could have prevented Saint Jean from having to face this trial.Â
âIf the defendant would have stopped before hitting Tyeler Harris, would Tyeler Harris have survived?â asked Erramouspe.Â
âMost likely,â answered Chapman.Â
Erramouspe asked other hypotheticals, such as, what if Saint Jean hadnât gone to work for Vamar, or what if Saint Jean hadnât come to America from Haiti in 2020.Â
âLotta ifs,â said the prosecutor. âIs it the highway patrolâs fault that Tyeler Harris is dead?â
âNo,â came Chapmanâs answer. âBecause none of us killed him.âÂ
Clair McFarland can be reached at clair@cowboystatedaily.com.