Ryan McElroy appeared in Box Butte County District Court on Aug. 24, where he entered into a plea agreement, pleading guilty to motor vehicle homicide—DUI, a class 2 felony that carries a minimum penalty of one year imprisonment, with a maximum of 50 years.
McElroy, 37, of Salina, Kan., initially faced three additional charges, including manslaughter, a class 2A felony, DUI—alcohol, third offense, a class W misdemeanor, and reckless driving, a class 3 misdemeanor. Those charges were dropped through the plea agreement, in exchange for McElroy pleading guilty to motor vehicle homicide. After McElroy pleaded guilty, Deputy County Attorney Travis Rodak read the factual basis of the case, noting that the charges spawn from a wreck on April 10 that claimed the life of Blythe Boness, 22, of Alliance. Rodak explained that Boness was traveling eastbound on Highway 2 in Box Butte County at approximately 2:10 p.m., driving a 2016 Ford Escape.
“At that time, the defendant, Ryan J. McElroy, was traveling eastbound on Highway 2 as driver and sole occupant of a red 2011 Chevrolet Camaro,” said Rodak. “At approximately mile marker 92.5 in Box Butte County, McElroy crossed the center line and began driving in the eastbound lane of Highway 2. Boness made an evasive maneuver toward the north shoulder, and the defendant made an evasive maneuver to return to his lane, and struck Boness’ vehicle. Boness was killed as a result of the ensuing collision.”
Rodak explained that McElroy was trapped in his vehicle and extracted by first responders. A Game and Parks officer made contact with McElroy and detected the odor of alcohol and located a partially empty bottle of Fireball Whiskey in McElroy’s vehicle. When a trooper with the Nebraska State Patrol made contact with him, McElroy admitted to looking at his cell phone when the crash occurred.
“McElroy was flown from the scene to Regional West Medical Center in Scottsbluff for medical treatment,” said Rodak. “At Regional West Medical Center, Trooper Dillinger read a post-arrest chemical advisement to the defendant. The defendant refused to submit to a DUI blood draw until a warrant was obtained by law enforcement.”
After a warrant was obtained, two viles of blood were drawn from McElroy at 5:55 p.m., four hours after the crash occurred, Rodak noted. The blood samples were tested and McElroy’s BAC was determined to be .235 grams per 100 ml of blood.
An investigation of the crash scene revealed no pre-crash skid marks were present on the road, and law enforcement officers obtained a warrant for an airbag module download from McElroy’s vehicle, which indicated that the vehicle was traveling at 73 miles per hour one second before the crash, and minimal braking prior to the collision.
McElroy was previously convicted of driving under the influence in Gage County on June 12, 2008. Judge Travis O’Gorman found beyond a reasonable doubt a factual basis for the plea and found McElroy guilty of the charge. Judge O’Gorman ordered a pre-sentence investigation, and set sentencing for November.