Judge dismisses manslaughter charge from fatal crash

MARBLE HILL, Mo. — A man who was driving during a crash that killed his best friend saw charges of involuntary manslaughter dropped Wednesday in court.

Bollinger County, Missouri, Circuit Judge Scott Thomsen dismissed the charge against David A. Sturm, 21, of Jackson during a preliminary hearing.

“I don’t believe the state has presented probable cause that Mr. Sturm was operating a vehicle under the influence,” Thomsen said.

Defense attorney Rebecca Reed argued against the evidence presented that Sturm was intoxicated at the time of the crash that killed Jacob Canoy, 24.

Sturm was driving a Ford pickup truck Oct. 26 on County Road 458 when he lost control of the vehicle and went off the left side of the road. The vehicle hit a tree, landed back on the right side of the roadway and turned over.

Missouri State Highway Patrol Deputy D.J. McBride testified Sturm said, “I was mad; I was drinking; I was driving.”

When McBride asked how much Sturm had to drink, Sturm reportedly responded, “Too much.”

McBride said he also observed Sturm’s eyes were bloodshot, and he could smell alcohol on Sturm.

Bollinger County Coroner Charles Hutchings said Sturm was so distraught at the scene, however, he was unintelligible. At the scene, Hutchings asked Sturm his own name.

“He was way too upset to be understood,” Hutchings said. “I tried to ask him his name. He tried to answer, but he was way too emotional to answer.”

McBride said at the hearing he could not remember whether a Breathalyzer test was administered to Sturm at the scene, but he wrote in a probable-cause statement a different officer administered a portable breath test that showed a positive result for alcohol. The accident occurred about 2:30 p.m. About 4:30 p.m., McBride had Sturm go through four field sobriety tests.

“At the time, two hours after the crash, he did not show signs of impairment based on field sobriety tests,” McBride said.

Sturm submitted to a Breathalyzer test about 5 p.m. that showed he was below the legal limit, at 0.07. In McBride’s statement, he wrote Sturm’s blood-alcohol content was approximately 0.12 percent at the time of the crash. McBride told Reed this estimate was from another Highway Patrol officer, not a toxicologist.

Hutchings testified there was a half-empty bottle of rum in the vehicle.

“The state has established zero timeline of the defendant consuming alcohol,” Reed said.

Sturm submitted to a blood test designed to check for controlled substances. McBride said a pipe with marijuana residue and a marijuana grinder were found at the scene. Hutchings also tested Canoy for controlled substances. Reed said the state had not established evidence Sturm had consumed marijuana.

Hutchings said Canoy died as a result of severe head trauma from the crash. McBride said Canoy was not wearing a seat belt.

Sturm said he was relieved at the judge’s decision.

“I came here ready for either verdict,” Sturm said. “I was expecting the worst and praying for the best.”

Sturm said Canoy was his best friend. Reed said during her argument the two of them worked, lived and did almost everything together.

“I’m trying to make him proud,” Sturm said. “He was a bigger man than I was. I’m naming my baby after him.”

Rebecca Canoy, Canoy’s mother, also was happy with the result of the hearing.

“Losing my son has been extremely difficult, and Dave and him were like brothers,” she said. “I didn’t want to lose another son, so to speak.”

Bollinger County Prosecuting Attorney Heath Robins said he likely will charge Sturm again but present different evidence.

bkleine@semissourian.com

(573) 388-3644

Pertinent address:

County Road 458, Marble Hill, Mo.