David Andrew Smithson pleaded guilty Monday to felony criminal vehicular homicide, agreeing with toxicology reports that he had amphetamine, methamphetamine, THC and morphine in his system when the the van he was driving struck and killed Brian Respler, who was walking along Grand Avenue in West Duluth.
Smithson, 27, said he had been sleeping at his brother's house in Piedmont before driving to his parents’ house in Gary-New Duluth, and dozed off at the wheel after earlier doing drugs.
He said he opened his eyes to see Respler just feet in front of him, walking on the shoulder of the road, before his van hit Respler.
Smithson, of Duluth, who had two previous DUI arrests in recent years for operating a vehicle while on controlled substances, agreed with the statement that his being under the influence of multiple drugs while driving was the cause of Respler’s death. He had earlier self-reported that he was using heroin before the crash, but that was not found in his system.
Smithson told State District Court Judge Mark Munger that he was “kind of in shock” after realizing he had hit someone.
“I fell asleep at the wheel. I opened my eyes. That’s when Brian was in front of me,’’ Smithson said in during the plea hearing in a Duluth courtroom.
The maximum penalty for criminal vehicular homicide charge is 10 years in prison, although Smithson would face somewhere between 4-8 years under sentencing guidelines, depending on his criminal history.
A second charge for operating under the influence was dropped as part of the plea deal.
Chief Public Defender Dan Lew said he planned to ask for a lesser departure from the sentencing guidelines. Assistant St. Louis County Attorney Vicky Wanta is expected to seek the strongest penalty under state guidelines as both sides argue before Munger in the sentencing hearing.
Smithson, whose legs and arms were shackled in chains at Monday’s hearings, remains in the St. Louis County Jail in lieu of $250,000 bail pending the outcome of the case.
Several of Respler’s family members and friends were in the courtroom Monday to hear the guilty plea.
Officers were called to the 6200 block of Grand Avenue, near the intersection with Main Street, at about 4:15 p.m. on Dec. 19. Respler was found in a parking lot, where he was pronounced dead.
A witness reported seeing the van “weaving down the road and onto the sidewalk,” where it struck Respler, according to the criminal complaint. The van initially traveled past the collision site, but immediately returned to the parking lot, witnesses said.
Respler, 37, of Duluth, a father of four, lived nearby and was out for a walk for when he was hit, his wife said Monday. A native of New York, Respler came to Duluth in 2003. He overcame a learning disorder and worked for the past 10 years at Goodwill Duluth, unloading trucks and picking up items throughout the city. Respler was an assistant den leader for his sons' Webelo troop.
