Ada County jurors find drunken driver who killed woman guilty of manslaughter

The trial of Adam Paulson, which began Monday and lasted through the week, largely outlined the events leading up to the collision that killed a 24-year-old woman last year.

On Friday, after more than three hours of deliberation, jurors found Paulson guilty of felony vehicular manslaughter. He will be sentenced at 9:30 a.m. Jan. 15.

Paulson, 42, was charged with felony vehicular manslaughter for hitting and killing Madeline “Maddie” Duskey in November 2017 as she was crossing Eagle Road, near Riverside Drive.

Paulson was driving a Chevrolet Silverado shortly after midnight. He allegedly had a blood alcohol content of .213, according to a blood sample taken at the jail. The legal limit to drive is .08.

The week-long trial included expert witnesses talking about driver reaction times. It also included testimony from Duskey’s friends who were with her at the Bardenay Restaurant and Distillery in Eagle, at 155 Riverside Drive, which she was leaving when she was hit by the truck.

Ada County detectives previously said Paulson blew into a breathalyzer showing varying results, including . 197, .158, .174 and .164 blood-alcohol content. He failed a field sobriety test and police reported that he had slow speech and glassy eyes.

Law enforcement testified during the trial that they found no evidence that Paulson attempted to swerve or brake before hitting the pedestrian. Paulson told law enforcement that he did not see the woman, and he first realized he had hit something because his airbags deployed when he struck her.

Testimony showed Paulson was driving 53 mph on the road, which was a 40 mph zone at the time.

Paulson’s attorneys have argued that because Duskey was intoxicated, wearing dark clothing and illegally crossing the street, she was largely to blame for being hit by the vehicle. Defense attorney Gabriel McCarthy stressed that even a sober driver could not have avoided the crash.

Duskey’s friend, Katie Goicoechea, was with her that night and testified at trial, saying she and Duskey each had three glasses of wine and one or two shots of tequila at the restaurant. Goicoechea testified that Duskey left the restaurant without saying goodbye, and she called Duskey several times. Another friend who saw Duskey that night then called her and Duskey answered, saying she was going to take an Uber home. Duskey left her own vehicle at Bardenay.

Law enforcement testified that Paulson likely had a green light at the intersection, and Duskey did not activate the crosswalk lights, meaning she was unlawfully crossing the road.

Ada County Deputy Prosecutor Scott Bandy argued that Duskey possibly illegally crossing the street does not correlate to Paulson’s innocence.

“Her violation of the law does not negate in any way Mr. Paulson’s guilt,” Bandy said Thursday.

Bandy said that on that night Duskey had gone out for drinks for a “girls’ night” because she didn’t have her children with her, but she made the decision not to drive home.

“Adam Paulson was also out drinking with his friends that night,” Bandy said. “The difference is he tried to drive himself home in his truck.”

Much of the defense’s argument circled around whether even a sober person could have avoided the collision. McCarthy said during court that they maintain Paulson is only guilty of vehicular manslaughter if his being under the influence was the cause of the collision.

During trial, McCarthy questioned witness Jenna Luna, who was driving in the area at the time of the crash. Luna told law enforcement that the truck she saw, later identified as being driven by Paulson, did not appear to be swerving or out of control.

Luna also testified that Duskey was not in the crosswalk, but was, instead, near the crosswalk. But, Luna could not accurately identify the pickup truck when shown a picture of it during trial. Because she didn’t identify the correct truck, the prosecution argued that Luna’s statements were unreliable.

At one point on Friday, McCarthy said even if his client had taken a cab and was in the back seat of the cab, there was no assuring that Duskey wouldn’t have been hit by the cab. During closing arguments, McCarthy reminded jurors of Duskey’s clothing, as she was wearing a black jacket and black jeans. But Bandy argued it is a well-lit intersection with crosswalks and streetlights.

McCarthy conceded that his client admitted to being under the influence while driving, a misdemeanor crime, but maintains that the reason Duskey was struck that night was mostly her fault.

“Ms. Duskey stepped in front of Mr. Paulson’s vehicle in a little less than half a second and there was no opportunity to avoid her,” McCarthy said.

Bandy countered the argument by saying the jury only needs to find that Paulson’s actions were one reason for the crash, not the only reason for the crash.

“Had he been a sober, attentive driver, this would have never happened,” Bandy said.

Paulson has remained in custody since last November — on a $500,000 bond at the Ada County Jail — while awaiting trial.

There is a pending lawsuit against Paulson, filed on behalf of Duskey, that is still pending. Felony vehicular manslaughter is punishable by up to 10 years in prison and a $10,000 fine.

This story was originally published November 2, 2018 at 3:29 PM.