On April 7, Dalton Rasmussen, 22, of St. Edward, came before Box Butte County District Court Judge Travis O’Gorman to receive a sentence after pleading no contest to motor vehicle homicide, a class 2A felony, DUI—first offense, a class W misdemeanor, and reckless driving, a class 3 misdemeanor.
Those charges, reduced as a result of a plea agreement, stem from an incident on Nov. 20, 2021. According to the Application and Affidavit for Arrest Warrant, at 12:09 a.m. on Nov. 20, 2021, the Nebraska State Patrol received the report of a two-vehicle crash on Highway 87 near mile marker 23. A deputy with the Sheridan County Sheriff’s Office told the state trooper who responded to the report that there had been a fatality. A person, later identified as Kyle Edwards, who was driving a Nissan Juke, was pronounced deceased.
According to the Application, the accident was discovered by Edwards’ wife, Destiny Fortin (Edwards), who was traveling behind Edwards in a separate vehicle. The other vehicle involved in the crash, a 2006 Chevrolet pickup, was on fire. It had been occupied by Dalton Rasmussen and Ty Borer. They had been stopped by another person after they had, according to the Application, allegedly tried to flee the scene in another vehicle.
An investigation into the crash showed that the Nissan was traveling northbound and that the pickup was traveling southbound.
“The area of impact and direction of travel for both vehicles indicated that the southbound Chevrolet pickup had crossed the centerline and struck the northbound Nissan in the northbound lane,” the Application states.
The trooper made contact with Rasmussen and Borer. The trooper noted that Rasmussen’s speech was slurred. He observed an injury to his left leg. Borer, the trooper explained, appeared to have no injuries.
The Sheridan County Deputy and two Box Butte County Deputies told the trooper that they could detect the odor of alcohol coming from both Rasmussen and Borer. Rasmussen and Borer were transported to Box Butte General Hospital, where other troopers obtained blood draws from them.
Later investigation of the crash, the trooper explained, showed evidence that Rasmussen had been driving the pickup at the time of the wreck. The trooper interviewed Fortin on Dec. 2, 2021. She told the trooper that she had parked her vehicle facing north to search for her husband. She noted that other people had stopped at the scene, and that while one of the people who had stopped was performing CPR on Edwards, Fortin saw her vehicle turn around and travel south in the east ditch before being stopped by another individual.
Fortin told the trooper that she made contact with Rasmussen and Borer, noting that Rasmussen was seated in the passenger seat of her vehicle, and that the driver’s seat was occupied by Borer.
On Dec. 8, 2021, the results of Rasmussen’s blood test became available and showed that his blood alcohol level was .074 in the hours following the accident.
On Jan. 11, Rasmussen entered into a plea agreement reducing the charges from manslaughter, a class 2A felony, motor vehicle homicide, a class 3A felony, attempt of a class 3 or 3A felony, a class 4 felony, minor in possession, a class 3 misdemeanor, reckless driving, a class 3 misdemeanor, drive left of center, an infraction, zero tolerance violation, an infraction, and zero tolerance—refuse a chemical test, an infraction, to motor vehicle homicide—DUI, a class 2A felony, DUI-alcohol, first offense, a class W misdemeanor, and reckless driving, a class 3 misdemeanor. Judge O’Gorman ordered a pre-sentence investigation and set sentencing for April 7.
On April 7, Judge O’Gorman ordered Rasmussen to serve 14-20 years in the Nebraska Department of Corrections on Count I, as well as to have a 15 year revocation of his motor vehicle operator’s license. On Count II, Judge O’Gorman ordered Rasmussen to serve 60 days in jail, pay a $500 fine and to have a six month license revocation. On Count III, Judge O’Gorman ordered Rasmussen to serve three months in jail. The sentences are set to be served concurrently and Rasmussen will be eligible for parole in seven years, with a mandatory discharge in 10 years.
Borer was sentenced in a separate case on June 28, 2022. He was sentenced in Box Butte County Court by Judge Paul Wess to serve 60 days in jail, pay a $500 fine and to have his license revoked for six months on the charge of DUI—first offense, a class W misdemeanor. On the charge of minor in possession, a class 3 misdemeanor, Borer was ordered to serve 90 days in jail and to pay a fine of $500. For the charge of unauthorized use of a propelled vehicle, a class 3 misdemeanor, Borer was ordered to serve 90 days in jail and to pay a $500 fine. Judge Wess ordered Borer’s sentences to run consecutively.
A civil case that names Rasmussen and Borer as defendants was filed by Destiny Edwards on July 23, 2022. The case is still active in Box Butte County District Court.