Judge orders Helm to stand trial

Clifford Helm wept Thursday afternoon as he hugged members of the Mennonite community that includes the family that was nearly wiped out by Helm’s erratic driving more than two years ago.

Superior Court Judge Jerome Leveque ordered Helm, 57, of Deer Park, to stand trial Feb. 25 for five counts of vehicular homicide and one count of vehicular assault in connection with the Nov. 1, 2005, crash that killed five children and severely injured their father, Jeffrey Schrock, of Chewelah.

Helm’s attorney, Carl Oreskovich, argued that Spokane County prosecutors John Grasso and Clint Francis lack any evidence to convince a jury that Helm either was reckless or disregarded the safety of others when he drove his pickup across the median of U.S. 395 north of Spokane and crashed head-on with Schrock’s southbound pickup near the intersection with Hatch Road.

“There is an absence of evidence … that Mr. Helm was operating his vehicle that was in any way illegal,” Oreskovich said. “It is my belief that this case is driven by the fact that five small children were killed.”

Last November, the Washington State Patrol completed its investigation, reporting that Helm was not drunk at the time of the accident. The WSP also subpoenaed cell phone records that showed Helm had briefly used his cell phone just before the crash.

The records showed that Helm called his wife, Sandy, at 4:19 p.m. She called him back at 4:20 p.m., but the call was unanswered. She then made a frantic call to 911 two minutes later, according to the WSP.

Sandy Helm was driving behind her husband at the time.

Grasso acknowledged that investigators don’t know why the crash occurred but said the evidence is clear as to what happened.

“He was slaloming through the median of (U.S. Highway) 395 at highway speed. He doesn’t really do anything a person would expect to see to avoid a collision,” Grasso said.

“If that’s not evidence of driving in a rash or heedless manner, as for the disregard for the safety of others, I don’t know what is.”

Killed in the crash were Carmen, 12, Jana, 10, Carinna, 8, Jerryll, 5, and Craig, 2. Their mother, Carolyn Schrock, was not in the truck and she has since given birth to another child. The family has made it known that they have forgiven Helm.

In addition to the motion to dismiss, Leveque denied a motion by the defense to move the trial or at least have it heard by a jury from the west side of the state.

Defense attorney Ronald Van Wert, who is assisting Oreskovich, argued that Helm can’t get a fair trial in Spokane County because of “the breadth and inflammatory nature of the coverage this case has received in Eastern Washington.”

Specifically, Van Wert focused on statements that Spokane County Prosecutor Steve Tucker and others made about Helm refusing to speak with prosecutors and investigators in the case.

Grasso said those statements came in the form of questions as to why the investigation was taking so long.

“The media would focus on the fact (Helm) wouldn’t speak with investigators no matter what was said,” Grasso said.

Leveque expressed concern about the statements made about Helm’s unwillingness to talk, but ruled that it was too soon to determine if those statements have tainted the local jury pool.

“It seems to be unnecessary and unfortunate that was done,” Leveque said of the statements. “Even though I think there are concerns, I think it’s premature to move this particular case.”