A St. Maries man faces multiple charges stemming from a single vehicle accident that resulted in the death of Anthony J. McKuin, 21, March 13.
According to court documents Cody R. Wear, 25, St. Maries, is charged with felony vehicular manslaughter, misdemeanor DUI, and felony leaving the scene of an accident resulting in injury or death.
At approximately 8:56 p.m. Saturday, March 13, the Benewah County Sheriff’s Office received a call for a single vehicle accident, involving a side-by-side, on the St. Joe Road near milepost 3, with CPR in progress.
On scene, Benewah County Sheriff’s Deputy Colton Wynn reported that bystanders directed him to a side-by-side that left the road. Deputy Wynn witnessed two females, identified as Jazmen Armas and Kendell Erickson, performing CPR on a male who Deputy Wynn knew to be Anthony McKuin. According to the deputy report, McKuin suffered multiple injuries.
Court documents state that bystanders at the scene identified Cody Wear as having been present at the accident, uninjured, and possibly having left on foot.
Wear’s parents, Roy and Kristi Wear arrived on scene soon after, and told Deputy Wynn that they had picked up their son at the Idaho Department of Lands landing, approximately 600 yards from the accident, and taken him home. Ms. Wear said at the time they were unaware of the exact location or extent of the accident.
Wear was then detained at his home at approximately 10 p.m. by BCSO Sgt. Dustin Pulley. According to court documents, Wear was home being attended to by girlfriend Carli Moore. Sgt. Pulley reported that Wear had dried blood on his face and multiple bruises and lacerations on his body, and presented with blood shot, glossy eyes, slurred speech, and the odor of alcohol.
According to court documents, Wear provided three breathalyzer samples at approximately 11:30 p.m. that resulted in a BAC between .108 and .106. Wear also admitted to drinking according to the deputy report.
According to court documents, Ms. Moore told Sgt. Pulley that Wear said he was not driving the side-by-side at the time of the accident, and that he only consumed water since arriving home. However, Wear allegedly told deputies that he and McKuin were the only occupants, and that McKuin was in the passenger seat of the two-seat side-by-side, but he could not remember who was driving. According to the deputy report the last thing Wear said he could remember was “probably being at the Cutthroat,” referring to the Cutthroat Resort near Calder.
A witness, Cierra Baird, who along with others, joined Wear and McKuin at the Cutthroat Resort told Deputy Wynn that the two were heavily intoxicated and that she had offered to drive them when Wear and McKuin were leaving the resort. According to Baird, Wear refused. Ms. Baird said she did not see the side-by-side leave, but that she was “150 percent sure (Wear) was driving.”
Deputy Wynn noted that based on the extent of injuries Wear sustained to his left-side, and McKuin to his right-side, Wear was most likely in the driver side of the vehicle at the time of the accident.
BCSO deputies collected Wear and McKuin’s cellphones and written statements from five individuals at the scene of the accident along with photo and video as evidence to be submitted to the county prosecutor.
Wear was charged by deputies with vehicular manslaughter, DUI, leaving the scene of an accident and failure to report an accident. Court records state that he is facing charges of felony vehicular manslaughter, misdemeanor DUI, and felony leaving the scene of an accident resulting in injury or death.
Wear’s bond was placed at $10,000. Court records show bond was posted March 15, 2021, the same day Wear made his initial appearance in court. As of March 16, 2021, a not guilty plea was entered to the charge of driving under the influence.
Wear is expected to appear for a preliminary hearing April 5, 2021.