Semi driver admits distraction in fatal Lakeville crash

A semitrailer-truck driver on trial for vehicular homicide testified Wednesday that he reached down for an energy drink and didn't see halted traffic in time to stop, leading to a fatal crash two years ago on Interstate 35 in Lakeville.

Jason Styrbicky grabbed his Monster energy drink can, looked up and braked too late to avoid rear-ending two cars, he said. The impact killed the drivers of the other cars and released millions of bees being hauled by another semi rig ahead. One of the drivers was pregnant, and her fetus also died.

The bees stung motorists and rescue workers, tying up traffic for hours after the 11 a.m. crash near County Road 70 on May 24, 2010.

Styrbicky, 38, of Buffalo, Minn., faces three counts of felony vehicular homicide and a count of misdemeanor careless driving resulting in the deaths of Pamela Brinkhaus, 50, of Elko New Market, Kari Rasmussen, 24, of St. Anthony, and her 8-week-old fetus.

Styrbicky waived his right to a jury trial. Dakota County District Judge Karen Asphaug heard three days of witness testimony ending with closing arguments Wednesday and will issue a verdict on May 23.

Styrbicky said he didn't see electronic highway signs warning drivers to slow down to merge into single-lane traffic because of road work ahead. He testified that he was wearing his glasses and was not overly fatigued after driving a food-delivery truck about 12 hours. That contradicted police reports supporting the felony charges against him and stating that he was not wearing eyeglasses at the time of the crash.

In response to questions from his attorney, Mark McDonough, Styrbicky said he crawled out his truck's passenger door and took off his glasses when bees began stinging his eyes and face. He replaced them and then put them in his shirt pocket after they became wet from the spray of hoses firefighters were using to clear the bees.

The state must meet a high legal standard to prove felony vehicular homicide. The prosecutor must show beyond a reasonable doubt that Styrbicky was driving in a grossly negligent fashion. That usually involves extraordinary misbehavior, such as drunken driving or extreme speeding. Styrbicky testified his truck had a governor that capped its speed at about 68 miles per hour, below the freeway's speed limit.

Prosecutor Tom Lockhart argued in court that rulings in similar cases have held that a conscious act is not necessary to prove gross negligence. "Simple inattention is sufficient," he told the judge. He noted that evidence showed Styrbicky had looked down for 16 to 30 seconds while trying to nab his energy drink, which had toppled over.

Investigators found Styrbicky's truck was in good operating condition. Styrbicky testified that he inspected it when starting his night shift at 10 p.m. the night before the crash. He said he had slept the night before his shift and had a several-hour nap the afternoon before he went to work.

The families of the two drivers killed in the crash have filed wrongful-death lawsuits against Styrbicky and his employer, Reinhart FoodService and Reinhart Transportation of La Crosse, Wis. The civil cases await the outcome of the criminal action.

Jim Adams • 952-746-3283