Woman pleads guilty in fatal crash

PORT ANGELES — Engre Louise Brown, 28, pleaded guilty to vehicular homicide and was sentenced to 12 years in prison Wednesday after potential jurors said they were reluctant to find her guilty of first-degree murder in the death of 25-year-old Sequim man Benjamin Michael Merscher.

The jury would have had the options of finding Brown, also of Sequim, guilty of first-degree murder or vehicular homicide had testimony been heard in the Clallam County Superior Court trial later this week.

Pre-trial motions were heard Monday and jury selection began Tuesday in the trial, which was expected to last two weeks.

Brown also pleaded guilty to driving with a revoked license and two counts of contempt of court for drinking and driving in violation of court orders.

Each offense carries a maximum sentence of one year and will be served concurrently as part of the 12-year sentence.

As part of the plea agreement, Brown agreed that she was solely responsible for Merscher’s death.

“That was a integral part of the agreement,” Clallam County Prosecuting Attorney Deb Kelly said.

In choosing a sentence that exceeded the standard sentence range of 7 ½ years, Judge Ken Williams told Brown she needs help with her addiction.

She will serve her sentence at the Washington Corrections Center for Women at Purdy and will be eligible for parole after eight years.

“I hope you take advantage of the opportunities that are there,” Williams said.

If not, he said, “you could end up back here.”

Plea agreement

The outlines of a plea agreement were drawn Tuesday night after several hours of jury questioning and were finalized Wednesday morning before jury selection began anew, said Kelly and Port Angeles attorney John Black, who represented Brown.

Black said in an interview that it became apparent the first-degree murder charge would not stick after several potential jurors were told that Brown was willing to plead guilty to vehicular homicide.

Brown, who had just argued with her boyfriend, had a blood-alcohol content of .18 — more than twice the legal limit of .08 — when she rammed head-on into Merscher at about 1:30 a.m. Oct. 7 on Highway 101 west of Kitchen-Dick Road between Port Angeles and Sequim, Kelly said during pretrial motions Monday.

Kelly said Wednesday in an interview that the car Brown was driving belonged to a family member, and that Brown had a second set of keys.

Williams’ rulings

Kelly said her chances of getting a jury to convict Brown of first-degree murder for killing Merscher “under circumstances manifesting extreme indifference to human life” were compromised by Williams’ rulings on Monday.

Williams would not allow Kelly to tell the jury Brown had attended a victim-impact panel on a previous charge of driving under the influence and that she “had actually, in effect, listened to direct, face-to-face presentations by victims of DUIs,” Kelly said Wednesday.

Williams also would not allow Kelly to present evidence that Brown was under court orders to not drive and to not drink and drive.

“My evidence was somewhat watered down over the last few days in the immediate run-up to trial,” Kelly said.

“I believe that even with the restrictions, the evidence was there that would have justified proceeding, but the risk of getting it was much greater.

“A number of jurors were uncomfortable with the idea of a murder charge under these circumstances.”

The plea agreement gives “closure for both families,” Black said, while Merscher’s grieving friends and family members gathered outside the courtroom following sentencing.

Brown, who was being held in Clallam County jail on $355,000 bail, broke her thigh bone in the crash.

She leaned heavily on a cane as she entered and exited the courtroom.

Merscher graduated with a University of Oregon business degree in 2007.

He worked at the Sequim Costco Wholesale Warehouse store.

More than 400 mourners attended his memorial service.

________

Staff writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.

More in News

Fred Rix of Port Angeles, right, looks over floral arrangements with Ann O’Neill, an employee of Angel Crest Gardens of Port Angeles at a temporary stand at First and Race streets in Port Angeles on Valentine’s Day. Rix said he wanted roses for his wife, Wendy Rix, for their 55th wedding anniversary. (Keith Thorpe/Peninsula Daily News)
Valentine’s roses

Fred Rix of Port Angeles, right, looks over floral arrangements with Ann… Continue reading

Port Angeles-owned Lancashire Heeler “Ki” poses with handler and co-owner Chelsy Pendleton of Utah with their ribbon. Ki placed as Best of Opposite Sex at the 149th annual Westminster Kennel Club Dog Show.
PA dog places at famous show

Lancashire Heeler wins ribbon at Westminster

x
Nominations open for Community Service awards

Forms due March 25; event scheduled for May 1

Poplars to be removed in spring

Boat Yard expansion part of larger project

Jeffco Aquatic Coalition launches pool survey

Results intended to inform design process

Voters approving all Peninsula school measures

Sequim bond passing with required supermajority

A snow-covered Mount Angeles is seen from Black Diamond Road a few miles south of Port Angeles. While the Peninsula has seen temperatures below freezing this week, a warming trend is expected by this weekend with highs reaching the upper 40s and overnight lows in the 30s. (Dave Logan/for Peninsula Daily News)
Winter snowscape

A snow-covered Mount Angeles is seen from Black Diamond Road a few… Continue reading

JoAnn declares bankruptcy; Port Angeles store to close

The Joann fabrics and crafts store in Port Angeles… Continue reading

Cheri Sanford of Port Angeles, right, hands a piece of metal debris to her grandson, Damien Millet, 9, after it was located with a metal detector and dug from the sand at Hollywood Beach in Port Angeles on Wednesday. They were combing the beach in search of whatever hidden treasures they could find. (Keith Thorpe/Peninsula Daily News)
Beach combing

Cheri Sanford of Port Angeles, right, hands a piece of metal debris… Continue reading

Six Peninsula school measures passing

Sequim voters approve bond, levy