Coeur d’Alene jury finds Magner partially responsible for 2016 boating deaths

After being acquitted in an earlier criminal case, Dennis D. Magner of Spokane has been found partially responsible in the wrongful death civil suit brought by the parents of two people killed in a boat crash on Lake Coeur d’Alene in 2016.

The jury’s decision, which found that most of the fault rested with the killed driver of the second boat, is the latest legal decision stemming from the fatal July 30, 2016 boat crash at Threemile Point on Lake Coeur d’Alene. The crash killed driver Justin Luhr, 34, and passengers Justin Honken and Caitlin Breeze, both 21, who were all on the same boat.

As part of the decision on Monday, the jury awarded a total of $600,000 in damages. However, since the jury found Luhr 70 percent responsible and Magner only 30 percent responsible for the crash, Magner will only be required to pay $180,000, or $90,000 each to the families of Honken and Breeze.

“The family was gratified that the jury found some responsibility on the part of Mr. Magner. He had denied responsibility throughout the two-plus years since this happened,” said attorney Richard Lewis, who represented the Honken and Breeze families. “Finally somebody said, ‘You are responsible.’ ”

Honken and Breeze’s parents filed the wrongful death suit against Magner, 52, who originally told Kootenai County deputies that he was not driving his boat at the time of the crash. Magner, who was arrested for a DUI five months after the crash, admitted to drinking hours before but deputies did not test his blood-alcohol level because a passenger, Jonathan Sweat, told them he was driving the boat.

Magner testified at his criminal trial that his head wound caused memory issues and that he believed what he initially told deputies was true even though Sweat testified that Magner was driving Magner’s Mastercraft boat. Sweat said he came forward after he learned people had been killed on the other boat.

However, the jury found that Luhr was mostly at fault because he did not have his boat lights activated as is required by law, said attorney Steve Stocker, who helped represent Magner.

“Neither driver was found to be reckless,” Stocker said. “What this ended up being for the jury was a consideration of an uncontrolled-intersection accident.”

The crash sent Magner’s Mastercraft vessel airborne over the top of Luhr’s boat, tearing off the top of the cabin and completely removing the dash and cockpit, the lawsuit alleges.

Luhr, Honken and Breeze all suffered head injuries and they plunged overboard, where they drowned. Their bodies were recovered days later.

Following a lengthy investigation, Kootenai County prosecutors charged Magner with three counts of involuntary manslaughter. But a jury acquitted him of all charges last August.

As part of the separate civil suit, the attorneys for the estates of Honken and Breeze originally had sought $2 million each in damages as part of the wrongful death suit, Stocker said.

But even though the jury awarded them $90,000 each, they were pleased with the jury’s decision, Lewis said.

“We obviously felt (Magner) had more responsibility,” Lewis said. “They are also grateful of the work of Kootenai County sheriff’s deputies who were laboring under difficult circumstances when they were lied to about who was driving the boat.”

Asked if his client maintains that he never lied to the responding deputies, Stocker said he could not comment about the details of the case.

“Was that alleged by the plaintiffs? Yes. Was that part of the testimony? Yes,” Stocker said. “But that was never put as an issue on the verdict. The jury never found that anybody lied.”

A separate wrongful death suit that was filed in Spokane County Superior Court by the family of Justin Luhr remains pending. Superior Court Judge Timothy Fennessy delayed the trial in July and it’s currently set for Jan. 7.