35 year old Steve Darveau Jr. of Barada has been bound over for arraignment in Richardson County District Court on a class III felony charge of Manslaughter.
Following a preliminary hearing in Richardson County Court Wednesday morning Judge Curtis Maschman ruled there was sufficient evidence to send the case to District Court. Darveau is charged with the unintentional death of 64 year old Edward Packard on August 5th of last year. Bond was continued in the case and arraignment in District Court was scheduled for April 24th.
Assistant Attorney General Edward Vierk is serving as Special Richardson County Attorney in the case due to a conflict of interest for County Attorney Bob Meyer. Darveau was formerly a Falls City Police Officer. Darveau is represented by Attorney Steve Mercure.
The only person called to testify in the Wednesday proceedings was Richardson County Sheriff Randy Houser. The charge stems from an accident at the intersection of 703 Loop and U-S Highway 73 which is approximately two miles south of Falls City. Darveau was the driver of a southbound pickup on Highway 73, and when he started to turn from the Highway, left onto 703 Loop, a northbound motorcylce pulling a small trailer, operated by Packard hit the front passenger side of the Darveau pickup. Packard was pronounced dead about 30 minutes after the accident occurred.
Sheriff Houser testified that Darveau was not issued a citation for at the time of the accident. Attorney Mercure argued that the prosecution had failed during the preliminary hearing to establish that a crime had been committed or that Darveau was at fault.
Sheriff Houser said there was no traffic control by officers in the area where the accident occurred. Darveau was on his way to attend the tractor pull sponsored by the Falls City Area Jaycees at the time of the accident. Sheriff Houser noted that the state had set up flashing signs in both directions warning drivers to be aware of turning vehicles.
Prosecutor Vierk noted for the record that the State had offered a plea agreement to Darveau that would allow him to plea guilty to misdemeanor motor vehicle homicide. He noted Darveau had rejected the offer and that the state would pull the offer for the plea agreement once the preliminary hearing started.
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