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Story last updated at 1:06 PM on Thursday, November 17, 2005

Homer man involved in fatal car wreck arrested for DUI



BY MICHAEL ARMSTRONG
STAFF WRITER



  Photo by Michael Armstrong
Nick Thurmond tries to shield his face as he is escorted out of the Homer District Courthouse Monday.  
A Homer man was arrested early Monday morning for driving under the influence — but with no alcohol detected. Alaska State Troopers charged Nick Thurmond, 20, with DUI. Although he blew zero for alcohol, troopers allege Thurmond failed two field sobriety tests, possessed marijuana and had a gun in his truck. He also was charged with sixth-degree misconduct involving a controlled substance and fourth-degree misconduct involving weapons.

Thurmond was involved last September in a three-vehicle accident which killed two people near Girdwood. No charges have been filed yet relating to that accident.

According to a criminal complaint, Trooper Sgt. Tom Dunn said that at about 4 a.m. Monday he contacted Thurmond after a truck driver reported seeing a small truck stopped in the middle of the Sterling Highway near Ninilchik. Dunn saw the suspect truck driving at about 30 mph and followed it for about a mile before the driver stopped near Mile 140 Sterling Highway.

“I saw very erratic driving. He was continuously all over the road and driving down the oncoming lane,” Dunn said.

Dunn said he recognized Thurmond. In the complaint, Dunn alleged Thurmond moved slowly, had poor dexterity and slurred speech, swayed from side to side and had bloodshot and watery eyes. Dunn alleged Thurmond failed two field-sobriety tests. A preliminary breath-test showed no alcohol present.

After he arrested Thurmond, Dunn searched him and found a small metal can with marijuana. Dunn also found a .380 caliber semi-automatic pistol on the driver’s side floorboard of Thurmond’s truck. He said he also found a blue pipe with marijuana residue and paraphernalia associated with other drugs. A blood sample was drawn from Thurmond, but toxicology results have not yet come in.

According to trooper reports, at about 9:30 a.m. Sept. 25, Thurmond was driving north in a 1996 GMC truck when he crossed into the southbound lane and hit a 2005 Ford Focus driven by Lawrence Kosko, 48, of Pennsylvania near Mile 88.5 Seward Highway south of Anchorage. A 1991 Dodge behind the Ford and driven by Peter Taylor, 62, of Anchorage, hit Thurmond’s truck. Kosko and his wife, Susan Kosko, died in the accident. Trooper Jeff Evanoff of the Girdwood Trooper Post said an investigation is continuing.

Thurmond was arraigned Monday afternoon in Homer District Court. Because he had not consulted with his Anchorage lawyer, Judge Margaret Murphy entered a plea of not guilty on his behalf. Assistant Kenai District Attorney Jean Seaton said she was concerned that Thurmond would not show up in court based on his prior convictions for failure to appear in court and violating the conditions of his release. Seaton also mentioned his involvement in the fatal car crash and convictions for driving while license revoked.

“Mr. Thurmond represents a great danger to the community,” she said.

According to court records, Thurmond was convicted once for failure to appear in court and three times for violating the conditions of his release. Thurmond said those violations were due to lack of counsel and representation. He also has been convicted three times for driving while license revoked.

Murphy set a cash-only bail of $2,500 with the conditions that he be in the custody of a third-party and that he not drive any motor vehicle.

“If it has a motor, you’re not to drive it,” she said.

Murphy set a trial date for Thurmond for late January.

Michael Armstrong can be reached at michael.armstrong@homernews.com.


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