Schwan guilty of aggravated homicide

It was an emotional time for friends and family of Matthew and Reilly Schwan last Wednesday, after a jury found Matthew guilty of aggravated homicide by vehicle. The verdict capped off an already emotional three-day trial which involved testimony to Reilly’s being struck by a vehicle driven by Matthew in the early hours of May 14, 2016, the injuries she received and her subsequent passing after being taken off life support June 4.

Though originally charged with driving under the influence with serious bodily injury, the charge against Matthew was updated after Reilly’s death.

During opening arguments, prosecuting attorney Jerry Williams explained he planned to bring forth evidence of the events that led to Reilly being hit by the vehicle. Among those, he said, were the Schwans and the Sikes — Gary and Jolan — heading to Worland the evening of May 13 and consuming alcoholic beverages at several locations, and Matthew drinking more than the others.

Also in the series of events, Williams said, was the Schwans arguing as to whether Matthew was flirting with a waitress. As the four returned to Thermopolis, the arguing continued. The Sikes decide they’ve had enough, Williams said, so they go inside their home. However, they can still hear the Schwans yelling; there’s a brief pause in the argument, after which the Sikes can only hear Matthew screaming in more of a panicked tone, screaming for Reilly. Gary goes outside, Williams said, sees Reilly unresponsive under the vehicle and tells Matthew to go inside.

Williams noted the jury would also hear from neighbor Jackie Price, whose child was woken up due to the loudness of the Schwans’ arguing. She looks out a window and can see the two Schwans arguing. Price turns on a television show to help her child get back to sleep, Williams said, but could still hear Matthew over the show. Again looking out the window, Price sees Gary looking under the vehicle.

The jury, Williams said, would also hear from responders to the scene, including law enforcement, fire department and emergency personnel, their finding Reilly unresponsive and lifting the vehicle off her, transporting her to the hospital — she was later airlifted to Casper — her lack of pulse and having to intubate her as she had no ability to breathe.

Williams pointed out there would be testimony as to the extent of her injuries, which included fractured ribs, a lacerated liver and multiple scrapes and bruises, and how the vehicle being on top of her cut off her air supply and led to deterioration of her brain.

Williams said the jury would also hear about the testing of Matthew’s blood-alcohol level, which registered .20, 90 minutes after the incident. What the jury would not hear, he said, was Matthew Schwan making efforts to call law enforcement or emergency personnel or trying to lift the vehicle off Reilly himself.

Defense attorney Richard Hopkinson, also acknowledged the excessive drinking prior to the incident and the resultant argument between the Schwans. He noted the jury would hear that Reilly walked away at one point and Matthew was told to go get her. As to the accident itself, Hopkinson said the jury would hear how it was a result of Reilly laying in the road, Matthew not realizing she was there and how he would’ve hit her whether sober or drunk.

Hopkinson also pointed out among the testimony would be how, when emergency workers arrived, it took several attempts to get the vehicle off Reilly, as when they first lift it, it rolls and drops back down. He further pointed out the doctors might not have had all the information regarding the incident and Reilly’s injuries. He said the incident was an “accident, pure and simple.”

During the trial Thermopolis Police Officer Lindsay Pahl — the initial responder to the incident — was among those who testified. Pahl testified that Matthew told her of the trip to Worland, the argument later and Reilly being struck by the vehicle. Pahl further testified Matthew told the story 13 times, though one of those tellings varied from the others as he mentioned he heard screaming.

Pahl described Matthew’s appearance and demeanor as showing signs of impairment, and how he said several times he was drunk and knew he would fail field sobriety maneuvers. At 4:10 a.m. May 14, Pahl testified, about 90 minutes after receiving the call, Matthew was submitted to a breath test.

Pahl testified that, based on her training, the breath analysis machine did generate a report as it should and was functioning properly to the best of her knowledge.

Several Thermopolis fire department and emergency personnel — Mark Collins, Aimee Kay, James Lash and James Andreen among them — testified as to arriving on the scene and acting quickly as to get the vehicle off Reilly, which took priority as there was no access to her otherwise. Kay stated there were already fire personnel on scene when she arrived, but she was able to get under and check Reilly’s vitals; she testified Reilly was warm to the touch, but had no pulse or indication she was breathing.

Kay also testified to injuries she observed, transporting Reilly to the hospital, establishing an airway and trying to use an automated external defibrillator, though the device would not work as Reilly had no shockable rhythm to her heart. Kay said she didn’t recall Reilly having a pulse in the ambulance, but they were able to get a pulse when she was at the hospital.

As to the attempts made to get the vehicle off Reilly, Kay testified the vehicle did roll when they attempted to lift it, but it did not return to its original position on top of Reilly. Kay also stated she observed an injury to Reilly’s head, which could’ve impacted her vitals.

Medical personnel providing testimony were Dr. Matthew Crull, Dr. Kevin Mahoney and Dr. Alana Cozier.

Mahoney testified to injuries he observed on Reilly, including abrasions on her upper chest and face indicative of her body being against an uneven surface. Mahoney also spoke to a severe burn on Reilly’s back, though he wasn’t sure if it was from the vehicle exhaust pipe and he didn’t know how hot it was.

Crull was the primary provider for Reilly at the Wyoming Medical Center, and testified she was unresponsive to verbal, visual or physical stimulation, had limited brain reflex and was, essentially, in a coma state. The first day at the center, Crull said, Reilly showed minimal brain function. The second day she showed some improvement, but her neurologic condition worsened in the days following.

Crull testified to several tests done on Reilly, including an electroencephalogram (EEG), CT scan and an MRI. He said there was no traumatic injury to her skull or brain, and the injury to her brain was due to a lack of oxygen.

Cozier, who also works with the Wyoming Medical Center testified Reilly showed no reflexive response to danger or to stimulus, and did not recover to any meaningful extent. She was given a very grave prognosis, Cozier said, and there was an extremely low chance she would ever recover. Even if she did, Cozier said, she would never be the person she was before. She would not be able to talk or move her arms and legs. “She would just exist.”

Cozier also testified the injury that caused Reilly’s demise was an anoxic brain injury caused by lack of oxygen.

Matthew’s mother, Mary, was also called to the stand, and testified to a phone call she received from her son. She stated she heard a lot of commotion during the call, and what she thought was the voice of a police officer. Also during the call, she said, Matthew sounded very distraught and expressed concern about Reilly and their children.

Jolan Sikes testified about going out with the Schwans to various locations in Worland and their drinking alcoholic beverages. To the best of her knowledge, she stated, Matthew was not sober. She was not sure if Reilly was drunk or not, but was aware she had been drinking less. As to why she didn’t simply drive them home, Jolan said the thought never crossed her mind. There were no set plans for the Schwans to stay at the Sikes’ home, she said, but they were welcome to.

Though there was some evidence presented that Jolan told Matthew to go get his wife after their argument, Jolan testified she did not recall saying this during her initial interview with the police chief.

Jolan also testified she saw Reilly walk away after the argument, but later started walking back toward Matthew.

During closing arguments, Williams said this is a case about facts and the truth, and among the facts presented were Matthew’s breath test of his blood-alcohol content of .20, over two times the legal limit of .08, 90 minutes after the incident. He pointed out there was testimony Matthew had consumed anywhere from 13 to 18 drinks during that night and early morning.

Further facts, Williams said, are that Matthew contacted others before calling to report the incident, and as the moments ticked by Reilly’s brain was dying. He noted it took three rounds of epinephrine and CPR before medical staff were able to get a pulse from her.

As to the elements of the crime which have to be proven, Williams said there was no dispute as to when and where it happened, or who was driving the vehicle; what has to be proven was whether Matthew’s operating the vehicle in his condition was the cause of Reilly’s death.

Williams said there was never any mention of the minutes between them arguing and Matthew driving the vehicle. He noted a neighbor saw them arguing, and questioned how Matthew could not know she was there. One scenario he presented was Matthew blacked out, another was that he didn’t realize how close Reilly was to the vehicle. However, in this second scenario, he pointed out that based on where the vehicle was initially and where it was found, if he struck Reilly after just a couple feet he would’ve then dragged her.

Williams also pointed out Matthew did not try to raise the vehicle himself, and instead waited for emergency responders to the scene. This was not a case of suicide, Williams said, and Reilly’s death was not the result of doctors or firefighters — it was because of a drunk driver.

In Hopkinson’s closing arguments, he said it was a tragedy because they had been drinking and driving, but also because of the accident and the loss to Reilly’s family. He said the accident was tragic and unintentional, and if Reilly hadn’t been lying in the driveway or the vehicle had not dropped a couple times while being lifted it would never have happened. The cause of the accident was not alcohol, Hopkinson said, but because Matthew did not see Reilly.

Hopkinson pointed out Matthew expressed concern about Reilly’s well being, as shown by an interview with police, as well as what neighbors and his mother heard in his screaming. He also noted doctors were unsure of Reilly’s blood-alcohol level, and it may have been a factor. He stressed the case against Matthew was built on a lot of speculation regarding the events around the incident, and there are factors which put the case in doubt.

Williams, in his rebuttal, said this was not an accident. Rather, it was a crime — drunken driving — and the defense wants to put the fault on the firefighters, the doctors, Jolan, even Reilly herself. He posed the question as to who got drunk and decided to get behind the wheel.

Evidence presented during the trial, Williams said, shows Reilly died due to a lack of oxygen. He noted there is no evidence the vehicle was dropped on her twice, only that it moved a coupe times when people were trying to lift it.

While it can’t be proven whether Reilly fell in the road before Matthew hit her, Williams said it can be proven he knew she was in front of the vehicle and he exercised poor judgement. Jolan’s testimony puts Reilly there, he said, as did Price’s.

There are all sorts of scenarios, Williams noted, as to how it all occurred, and none of them are good.

An exact date for Matthew’s sentencing has not been set, though there will be a period of at least two hours to allow for family testimony and impact statements.