Trooper: Driver admitted consuming alcohol, painkillers before fatal crash

MARBLE HILL, Mo. — Paul E. Patton, 49, of Patton, Missouri, told a Missouri State Highway Patrol trooper he had several alcoholic drinks and 3 1/2 Percocet pills before he took the wheel of his 2004 Dodge Ram pickup truck Sept. 25, according to testimony.

Patton veered into the lane of Richard J. Augustine and Debra Smith, who were driving their motorcycle on Highway 72 west of Patton, struck and killed them, according to testimony.

Judge Scott Thomsen found there was sufficient probable cause to continue Patton’s case during a preliminary hearing Monday in a Bollinger County courtroom. Bollinger County Prosecuting Attorney Heath Robbins charged Patton with two counts of involuntary manslaughter.

Assistant Bollinger County coroner Calvin Troxell pronounced Augustine, 58, and Smith, 60, both of Farmington, Missouri, dead at the scene at 4:50 p.m. Sept. 25.

He said the cause of death was severe head and body trauma, and Augustine’s injuries were consistent with the blood smears and damage on the driver’s side of Patton’s truck, Troxell testified.

The point of contact was the left side of Augustine’s body and head. Troxell determined the truck went three feet into the road’s other lane and hit Augustine’s Kawasaki motorcycle near the driver-side’s headlight of the truck, Troxell testified.

Trooper Mark Ashby went to the scene of the crash at 3:35 p.m. and interviewed Patton as a part of his investigation, he testified.

Patton told him his dog jumped into his lap, causing him to swerve into the other lane, Ashby testified.

Ashby said he did not remember there being a dog at the scene when he was asked about it under cross examination.

Ashby testified Patton’s pupils were constricted, his eyes were glassy, and his speech was slow.

Patton submitted to a breath test, which showed positive for alcohol, Ashby said. Patton said he had consumed mixed drinks and beer earlier that day, with his last drink coming about an hour before, Ashby testified.

Patton refused to take a second breath test after spitting out his smokeless tobacco and washing out his mouth, but he agreed to blood tests, Ashby testified.

“The surviving driver is required to give a drug sample,” Ashby testified.

Patton gave three blood samples at Saint Francis Medical Center at 5:46, 5:55 and 7 p.m. that tested .075, .071 and .044 for blood-alcohol content, Ashby testified.

Ashby said the highway-patrol lab technicians can analyze the data obtained from the tests Patton gave and determine his blood-alcohol content at the time of the crash.

Under cross-examination by Patton’s attorney, Stephen Gray, Ashby said he informed Patton of his right to remain silent when he was taken to the Bollinger County Jail and not at the accident scene during the first interview.

Ashby also said the initial interview was not recorded, and Patton asked for a lawyer at the jail.

“I’m not required,” Ashby said of informing Patton of his Miranda rights at the scene. “I’m just conducting an investigation at that time.”

Gray also asked Ashby whether Patton could have been prescribed to take 3 1/2 Percocet pills, a painkiller.

“I don’t know what his prescription said,” Ashby said. “I think it probably does say he should not be operating a motor vehicle while he’s on that.”

An online warning label for Percocet states patients should avoid operating a motor vehicle or machinery until the effects of the drug are known and recommends not using Percoset in combination with alcohol.

bkleine@semissourian.com

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Pertinent address: 204 High Street, Marble Hill, MO