July 18--OGDEN -- The seemingly overlapping state statutes that entangle when an ambulance driver is accused of causing a fatal traffic accident will be aired out for a 2nd District Court jury.
Sean Reed Stephens-Applonie is charged with negligent homicide in the death more than a year ago of a motorist struck by his North Davis Fire District ambulance.
Arline H. Logan, 88, was killed in the collision July 6, 2012, in the intersection of U.S. 89 and Sunset Drive. Located in South Ogden, it's just east of Ogden Regional Medical Center.
Officials agree there is no question the westbound ambulance had lights and siren going upon entering the intersection.
Logan was a passenger in a southbound Buick in the intersection on a green light when hit by the ambulance.
During a recess, Stephens-Applonie's lawyer, Lawrence Sleight, said in an interview that state law makes it a crime for a motorist to fail to yield the right of way to an emergency vehicle.
"What we're trying to figure out is why they charged him criminally," Sleight said.
Prosecutors, however, say state law does not allow emergency vehicles to recklessly run red lights.
Drivers are required to slow, even stop, as conditions dictate, neither of which Stephens-Applonie did, according to the evidence at his June 17 preliminary hearing.
His speed was estimated at 56 to 62 mph at the time of impact, according to testimony.
At the preliminary hearing, Judge W. Brent West ruled the evidence sufficient to advance the case. At Wednesday's status conference, he set trial for Dec. 10, 12, 13, 16 and 17.
Stephens-Applonie, 28, has pleaded not guilty to the class A misdemeanor charge. After hitting the Buick, police said, his ambulance then struck two other cars.
In all, six people were injured, including two of Stephens-Applonie's fellow emergency responders and his passenger.
He remains employed at the North Davis department as well as the West Jordan Fire Department, where he also works as a firefighter-paramedic. But he is not allowed to drive an ambulance, Chief Mark Becraft of the Davis agency has said, pending the outcome of his criminal case.
Because of the complexities involved in the investigation, the formal charge of negligent homicide was not filed until Jan. 23 this year.
Copyright 2013 - Standard-Examiner, Ogden, Utah
