Driver convicted of manslaughter, more in DUI crash that killed SH woman, child

Kelly Kenoyer

A Sweet Home man was found guilty on two counts of first-degree manslaughter, one count of driving under the influence of intoxicants, and fourth-degree assault.

The defendant, Brian McIntire, 30, was found not guilty on another count of fourth-degree assault.

The July 23, 2019 crash on Brush Creek Road killed Stormy Barge and her 5-year-old daughter, Emma Pulido. The driver of the car, Barge’s boyfriend Ty Kirkland, survived, as did Barge’s 3-year-old daughter, Macy.

Prosecutor Keith Stein wrote in a court motion that the defendant, 30-year-old Brian McIntire, drank five beers in Springfield on the afternoon of the crash before driving north to Sweet Home, where he lives.

On the way north on Brush Creek, he swerved into the oncoming lane of traffic on an ‘S’ curve as Kirkland was coming the other way. Kirkland swerved into the defendant’s lane to avoid a crash just as McIntire swerved back the same way, causing the two vehicles to “collide catastrophically,” Stein wrote.

Barge died instantly, though her daughter was airlifted to the hospital before succumbing to her injuries. The other two in her vehicle, who were on the driver’s side, were injured but able to walk after the crash.

Kirkland sustained no apparent serious injuries in the crash, and called his mother, who promptly arrived and tried to get Kirkland to leave the scene, according to court papers.

In an interview with a deputy on the scene, McIntire admitted to speeding and losing control of the vehicle, and later admitted he’d consumed “two beers” at the bar. He’d actually drunk five beers between 2 p.m. and 5:35 p.m. that day, according to surveillance footage documented in court papers.

He withheld consent for a blood sample, but police were able to serve a warrant and tested him at 1:08 a.m., when his blood alcohol level was 0%. That was more than six hours after the crash.

A medical draw at 9:24 p.m., however, showed a B.A.C. of .07%, very close to the legal limit for driving. Because he had been driving well before that, the D.A. successfully argued that McIntire’s alcohol level was above the legal limit at the time of the crash.

The trial started Dec. 15 and jurors reached a verdict on Monday, Dec. 21. Sentencing is set for Jan. 13, and McIntire faces up to 20 years in jail for the two counts of manslaughter.

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