Man convicted in DUI fatality on Brooks Street requests driving privileges

2011-11-24T07:00:00Z 2012-09-13T05:55:14Z Man convicted in DUI fatality on Brooks Street requests driving privilegesBy GWEN FLORIO of the Missoulian missoulian.com
November 24, 2011 7:00 am  • 

Brian Holm, who has yet to go to prison after being convicted in August of driving drunk and killing a pedestrian, wants to remove his alcohol-monitoring bracelet and start driving again.

"I have had tremendous expenses because I have to pay thousands of dollars a year for a SCRAM bracelet and to pay people to transport me," Holm wrote in a motion filed this week in Missoula County District Court.

Because he can't work, he requires a public defender, an expense to taxpayers, Holm noted in his motion.

A Missoula County District Court jury convicted Holm, 52, of Lolo, of vehicular homicide in the death of 23-year-old Brian Beaver of Aberdeen, Wash. Beaver and two friends were walking along Brooks Street near Paxson on Nov. 9, 2010, when the car Holm was driving drifted into oncoming traffic, then jumped the curb, striking Beaver.

Missoula County District Court Judge Dusty Deschamps sentenced Holm to 30 years in prison with 15 suspended, but delayed sending him to prison pending an appeal. Holm hasn't formally sought his appeal yet, but filed several motions in Missoula County District Court seeking to put aside his conviction.

On Tuesday, Deputy Missoula County Attorney Shawn Thomas asked that all of those claims be dismissed, saying Holm's only legitimate route is an appeal to the state Supreme Court.

Meanwhile, in one of two motions filed Monday, Holm repeated his longstanding refrain that he wasn't impaired the night of the accident, despite a blood-alcohol level of 0.10, above the legal driving limit of 0.08. He'd also taken prescription sleep and pain medications, as well as an antidepressant.

"There is no evidence beyond a reasonable doubt that my ability to safely drive on Nov. 9, 2010, was diminished at all," Holm wrote in his motion. "I will never drink and drive again. I will never drink again ever. This harrowing experience has taught me that even if my ability to safely drive is not diminished, it is not worth driving ever if one has had anything to drink."

He also stated that the Nov. 9 accident was the only one of his life. However, he has a previous DUI conviction on his record.

Brian Beaver's sister, Teesha Beaver, said that if Deschamps grants Holm's request, "he himself is condoning the actions that have taken place."

"My personal opinion is the only reason Holm hasn't drank and drove since the accident is because of the bracelet," she said Wednesday. "I see nothing but bad with the bracelet being removed."

Holm's other motion repeats a request for transcripts of his case for use in his appeal - and also revisits his earlier slams against public defender Scott Spencer, who represented him at trial.

Indigent defendants are entitled to such transcripts. But Holm's previous request for transcripts was denied earlier this month, when Deschamps wrote that "the defendant appears to have the ability to pay an attorney to advise him, ghost-write legal documents for him and even order transcripts for him."

Holm denied all of those things, writing, "If I had the ability to pay an attorney, I would have paid an attorney to represent me in lieu of Scott Spencer. I am confident that if I had had a competent attorney, I would not have been convicted."

Holm wrote that he can't afford an attorney.

"Furthermore, my expenses are extraordinarily huge due to the fact that I have to pay other people for transportation and I have to pay $300 per month for the SCRAM bracelet. All of this renders me even more impoverished."

Holm has represented himself since his trial, and said that if he hadn't waived his right to a public defender, he'd be eligible for the state-funded transcript.

"It would not be fair to deny me the right to a transcript just because I had to waive my right to counsel because my counsel betrayed me and was hostile towards me and refused to properly represent me," he wrote. "Now, I not only have no attorney, but do not have a transcript, either."

In order to present his appeal to the Supreme Court, Holm wrote that he needs a court order so the Supreme Court administrator can arrange to pay for the transcript, which he needs by Monday.

Reporter Gwen Florio can be reached at 523-5268, gwen.florio@missoulian.com or CopsAndCourts.com.

 

Copyright 2015 missoulian.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

No Comments Posted.

Missoulian Civil Dialogue Policy

Civil Dialogue Policy for Commenting on Missoulian.com

We provide this community forum for readers to exchange ideas and opinions on the news of the day. Passionate views, pointed criticism and critical thinking are welcome. Comments can only be submitted by registered users. By posting comments on our site, you are agreeing to the following terms:

Commentary and photos submitted to the Missoulian (Missoulian.com) may be published or distributed in print, electronically or other forms. Opinions expressed in Missoulian.com's comments reflect the opinions of the author, and are not necessarily the opinions of the Missoulian or its parent company. See the Terms of Service and Privacy Policy for more information.

Our guidelines prohibit the solicitation of products or services, the impersonation of another site user, threatening or harassing postings and the use of vulgar, abusive, obscene or sexually oriented language, defamatory or illegal material. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification. It's fine to criticize ideas, but ad hominem attacks on other site users are prohibited. Users who violate those standards may lose their privileges on missoulian.com.

You may not post copyrighted material from another publication. (Link to it instead, using a headline or very brief excerpt.)

No short policy such as this can spell out all possible instances of material or behavior that we might deem to be a violation of our publishing standards, and we reserve the right to remove any material posted to the site.

Add Comment
You must Login to comment.

Click here to get an account it's free and quick

The 4:06 – trending topics and hot headlines

Missoulian reporter Rob Chaney presents the latest news you need to know about today's headlines in about t…

The 4:06 – trending topics and hot headlines

The 4:06 – trending topics and hot headlines

Missoulian reporter Martin Kidston presents the latest news you need to know about today's h…

Vietnam, then and now: Chue Vang

Vietnam, then and now: Chue Vang

Chue Vang recounts his experiences as a young man in Laos and Vietnam. 

The 4:06 – trending topics and hot headlines

The 4:06 – trending topics and hot headlines

Missoulian reporter David Erickson presents the latest news you need to know about today's h…

Vietnam then and now: Ira Robison

Vietnam then and now: Ira Robison

Ira Robison describes his experiences as an anti-war advocate during the Vietnam War.

Vietnam Then and Now: Janet Zupan

Vietnam Then and Now: Janet Zupan

Janet Zupan, daughter of a man who was a POW during the Vietnam War, recounts her memories o…

Vietnam then and now: Karen Ryan

Vietnam then and now: Karen Ryan

Karen Ryan recounts her experiences in Operation Babylift.

The 4:06 – trending topics and hot headlines

The 4:06 – trending topics and hot headlines

Missoulian reporter Kate Haake presents the latest news you need to know about today's headl…

loading...

Search our events calendar