The attorney for a 20-year-old Oak Harbor woman may claim that mismatched tires caused a Sept. 3 accident that killed three people on North Whidbey.
Both Jordyn Weichert and her possible co-defendant, 22-year-old Samantha Bowling, appeared in Island County Superior Court Dec. 6 for motion hearings.
Weichert’s attorney, Diego Vargas of Bellevue, dropped hints about possible defense strategies in his motion to authorize the retention of expert witnesses at public expense. Diego wrote that he needs to retain a forensic mechanic to determine if the accident could have been caused by mismatched tires. The Chevrolet Blazer had “four different tires on it, including one with studs,” he wrote.
“Defense counsel has discovered this may have caused the accident,” Diego wrote. “The use of different tires on a motor vehicle is discouraged because it is well known that this can cause instability in the event of an emergency maneuver.”
In addition, Diego wrote that he wants to retain an independent toxicologist to look at the state crime lab’s testing of blood for drugs. He claimed to have discovered errors and admissions that would render the blood test results invalid and inadmissible. And he wants an accident reconstructionist to review the State Patrol’s map of the collision.
Weichert, the driver, is facing three counts of vehicular homicide and two counts of vehicular assault. Bowling, the front-seat passenger, was charged with three counts of vehicular homicide and one count of vehicular assault.
Just prior to the crash on Highway 20, Bowling was allegedly holding the steering wheel while Weichert was removing her sweater; they lost control and steered the vehicle across the centerline and into the path of an oncoming car, court documents state.
The crash killed two passengers in Weichert’s Blazer, 25-year-old Jacob Quistorf of Oak Harbor and 26-year-old Francis Malloy of Oak Harbor. The driver of the other car, 33-year-old Brian Wood of North Vancouver, B.C., was also fatally injured.
Wood’s 31-year-old pregnant wife, Erin Wood, was seriously injured, but recovered. Bowling also suffered a hip fracture, while Weichert’s injuries were minimal.
Investigators recovered suspected heroin, cocaine, marijuana and a gun at the scene of the accident. Weichert’s blood allegedly tested positive for carboxy-THC, methamphetamine and opiates; Bowling’s blood allegedly tested positive for carboxy-THC and methamphetamine, according to court documents.
Island County Prosecutor David Carman made a motion to consolidate so that the cases against the two women could be handled together. If the judge grants the motion, the women would become co-defendants and go through a trial together, if the case gets to that point.
At the request of a defense attorney, Carman struck the motion, which will be heard at a later date.
Weichert’s attorney, Vargas, made a motion for his client’s release on her personal recognizance. Weichert is currently being held in lieu of $500,000 bail. Monday, she testified that she has no job, no money and no ability to flee if released from jail.
But Carman wrote a motion arguing that her bail should be maintained. He wrote that Weichert’s mother said her daughter has an uncle in Canada with access to financial resources, which could help her flee.
Hancock compromised and reduced her bail to $350,000.
