Woman Facing Charges Of Manslaughter In DWI Crash That Killed Two Is Granted Bond

MILLER COUNTY, Mo. -- A bond of $75,000 has been granted for the woman accused of manslaughter in an alleged DWI crash that killed two Eldon residents.

On June 8, 2016, in the Miller County Courthouse, Judge Kaltenbronn listened to arguments from Miller County Prosecuting Attorney (PA), Ben Winfrey and Defense Attorney, John Curran representing Carol A. Elwyn, in the Motion to Set Bond filed by Curran on behalf of Elwyn.

Elwyn faces two counts of Involuntary Manslaughter in the First Degree (Class B Felony), and one count of Assault in the Second Degree (Class C Felony). The Criminal Complaint, styled State of Missouri vs. Carol A. Elwyn, Case Number 16ML-CR00487, sets forth the charge in Count 1 as “…Defendant committed [the crime] in that on or about May 3, 2016…the defendant, while under the influence of alcohol caused the death of Travis A. Davolt...when operating a motor vehicle with criminal negligence [by] driving in the wrong lane of traffic in the wrong direction...”

Count 2 is identical to Count 1 but pertains to the deceased Dominic A. Delong. Count 3, Assault in the Second Degree, pertains to the physical injuries sustained by Dalton Delong, the driver of the other vehicle. The range of punishment for the first two charges, First Degree Involuntary Manslaughter, is incarceration in prison for not less than five years and not more than fifteen years. Count 3, Second Degree Assault, carries a penalty of not less than two years nor more than seven in prison or imprisonment for a special term not to exceed one year in the county jail, or a fine not to exceed $5,000, or both incarceration and fine.

Charges against Elwyn arose out of a fatality collision occurring a few minutes prior to midnight on Friday, June 3, 2016. According to the Probable Cause Statement filed by Sgt. J. Lowary of the Missouri Highway Patrol, the crash occurred on US 54 highway at Walnut Grove Road in Miller County. Sgt. Lowary’s statement described the location of the collision as the Eastbound lane of the highway. Witnesses stated the Honda Ridgeline driven by Elwyn was traveling West in the Eastbound lane.

While investigating and documenting the crash scene, Sgt. Lowery was advised by a Miller County Deputy and a Lake Ozark Fireman that the driver of the Honda Ridgeline had an odor of intoxicants about her person, according to court documents. Sgt. Lowary further stated he noticed an odor of intoxicants from Elwyn’s breath as well as bloodshot and glassy eyes and slurred speech.

According to Sgt. Lowary, Elwyn gave consent to having a sample of her blood taken at the scene pursuant to the Implied Consent language in Missouri Revised Statutes, Section 577.020.2. At the hospital, Elwyn gave further consent for a second sample to be taken.

Arguing for his Motion to Set Bond, Defense Attorney, John Curran, began by recognizing the terrible and tragic circumstances of the vehicle collision. Curran continued by stating that the circumstances relating to bail decisions are the nature and severity of the offense as well as ties to the community and further danger to the public. Curran explained that the defendant does not constitute a flight risk because of her job here even though she is a resident of Hawaii, and has obtained legal counsel in the matter before the court. Curran said that all criminal defendants are entitled to consideration for bail pending the outcome of their trial. The motion requests Elwyn be released on her own recognizance or that bond be set at a reasonable amount to secure attendance in court.

PA Ben Winfrey argued for a bail amount sufficient for the circumstances explaining the defendant is a resident of Hawaii, and further, that there exists some concern about alcohol usage while awaiting trial. Winfrey argued for conditions to be placed by the court if bail were allowed. Upon questioning by Judge Kaltenbronn, PA Winfrey stated that an inquiry to the National Crime Information Center (NCIC) indicated no previous alcohol-related offenses by the defendant.

Judge Kaltenbronn ruled that he would set bond at $75,000 with special conditions being GPS location tracking and alcohol usage monitoring. The bond can be posted by a bondsman.