Jury Finds Driver Guilty Of Murdering 2 First In State Convicted Of First-Degree Murder In Crash

FOR THE RECORD: 11-3-96 Charlene Allen is the stepmother of Julie Allen. She was misidentified in Friday’s newspaper.

A Spokane County jury took less than two hours Thursday to decide that James Barstad did more than kill two people when he crashed his pickup truck into their cars last Memorial Day weekend.

In a precedent-setting case, the jury found he had murdered them by acting with “extreme indifference to human life.”

The 30-year-old Barstad became the first person in Washington state to be convicted of first-degree murder after a car wreck.

The decision was greeted with hugs and tears by family members of the victims. But it angered Barstad’s attorney, who predicted the verdict will be overturned.

A grim Barstad stood nervously as the five-man, seven-woman jury’s verdict was announced.

Within two months, he’ll be sentenced to at least 50 years in prison - about twice the term he would have faced for vehicular homicide, the typical charge in such cases.

During the weeklong trial, Barstad admitted being drunk and speeding on May 25 when he crashed his truck into three vehicles at Hamilton and Mission.

Karen Sederholm, 26, and Julie Allen, 14, were killed.

On Thursday, the jury also convicted Barstad of vehicular assault for injuring two others in the collision.

Afterward, the mother of Julie Allen greeted the verdicts with relief.

“I can’t put into words how much I wanted this,” said a sobbing Charlene Allen. “We’ve got to quit letting guys like him excuse this behavior as just a mistake.”

Jurors followed the suggestion of Deputy Prosecutor Larry Steinmetz, who insisted Barstad was as guilty of murder as someone who takes a gun and fires it into a crowd.

“The truck he drove was just as dangerous that day as a bullet fired from a gun,” he said.

Steinmetz also urged jurors to agree that Barstad had acted with contempt for others on the day of the collision.

“I chose the word ‘contempt’ to explain what I think the law means - that Mr. Barstad that entire day acted with extreme indifference toward others,” Steinmetz said.

Defense attorney Al Rossi said he was “horrified” by the quick verdict.

In closing arguments Thursday, Rossi conceded Barstad was guilty of vehicular homicide. He acknowledged Barstad had consumed too much alcohol that day, wasn’t driving carefully and had failed to deal with a dangerous situation because his judgment was impaired.

“He made a particularly poor decision,” said Rossi of Barstad, who raced his truck through the intersection in hopes that he’d clear it before other cars came through.

But Rossi said that is not the same as firing a gun into a crowd or tossing a bomb into a building examples of extreme indifference to human life.

The victims’ relatives and friends waited outside Superior Court Judge Thomas Merryman’s courtroom, hoping to thank jurors for the verdict.

They learned, however, that all 12 jurors had left the court quickly, choosing to avoid contact with attorneys and others wanting to ask questions.

Spokane County Prosecutor Jim Sweetser hailed the murder convictions as a victory for aggressive prosecution of drunken driving.

“This verdict sets a precedent for the state of Washington and sends a message that those who risk drinking and driving may find themselves facing similar charges,” he said.

Sweetser acknowledged an appeal is likely.

If Barstad’s convictions are overturned, he’d face a retrial on vehicular homicide charges, Sweetser said.

Sweetser had hoped he could avoid a potential retrial by having prosecutors add extra language to the jury instructions.

He wanted jurors to have the option of adding a statement to the murder conviction that said they’d have also convicted Barstad of vehicular homicide if given that choice.

The judge instead ordered the jury to pick between murder or the lesser charge.

, DataTimes ILLUSTRATION: Color Photo