• Trooper calls July 7 collision “totally preventable”
By Jeannette Boner
Jackson Hole News&Guide
Via- Wyoming News Exchange
JACKSON — A 22-year-old Ririe, Idaho, man has been charged with two counts of homicide by vehicle in the July 7 dump truck crash that killed Nicholas “Nick” Besobrasow and David Page on Teton Pass.
Teton County Prosecutor Dick Stout filed the misdemeanor charges late Tuesday against Laiton George McMinn, who was driving an asphalt-laden dump truck east toward Wilson when its brakes overheated and lost stopping power, according to a probable cause affidavit.
Wyoming Highway Patrol Trooper Brad Latchaw concluded that McMinn descended the pass too fast, overused the truck’s brakes and failed to pull over or use the runaway truck escape ramp after the brakes began fading, according to court records.
“This crash was totally preventable,” Latchaw wrote in the probable cause affidavit.
Each charge alleges McMinn operated the truck in a criminally negligent manner and that his conduct caused the deaths of Besobrasow, 66, of Tetonia, Idaho and Page, 57, of Mammoth Lakes, California.
Homicide by vehicle is a high misdemeanor punishable by up to one year in jail, a $2,000 fine or both. The charges mark the first criminal case stemming from the six-vehicle collision, which killed Besobrasow and Page and seriously injured three people and closed Teton Pass for roughly 12 hours.
“Laiton’s brakes faded that day because of overuse, not a mechanical issue,” Latchaw wrote in the probable cause affidavit. “Laiton had insufficient braking ability when he passed by the runaway escape ramp. If Laiton had taken the escape ramp, this crash would have never occurred.”
The trooper identified three decisions McMinn said contributed to the fatal crash: starting down the pass in the wrong gear or too fast, failing to pull over after seeing signs of brake fade and failing to use the escape ramp and cable-catch system immediately before the crash.
The dump truck was owned by Avail Valley Construction LLC of Victor, Idaho, an affiliate of C.M. Owen Construction LLC.
The company currently holds a $3 million WYDOT paving contract for sections of Highway 22 between the Snake River bridge and Jackson, according to state contracting records.
Avail was not hauling asphalt for the state that day, according to Bob Hammond, resident engineer for the Wyoming Department of Transportation’s Jackson District. Representatives from Avail did not immediately return a request for comment. The next court date has not yet been set Wednesday.
New information peels back accident
The affidavit provides the first detailed account of why investigators believe the truck’s brakes failed.
A mechanical inspection conducted after the crash found no defects that contributed to the collision, Latchaw wrote. Investigators instead attributed the loss of braking power to brake fade, which occurs when brakes become too hot from overuse.
According to the affidavit, McMinn told Latchaw at the scene that he was descending the pass when his brakes were “kind of working and they were iffy.” As he rounded the final corner, McMinn said, the brakes stopped working.
McMinn reportedly told the trooper he attempted to steer the truck over the guardrail on the right side of the highway, but the truck bounced off it. He said the first vehicle he remembered striking was a motorcycle.
Witnesses told investigators the dump truck appeared to be having problems shortly after beginning its descent from the summit. They described the truck as traveling too fast and said they saw smoke coming from its brakes.
Latchaw concluded McMinn began the descent in the wrong gear or at an unsafe speed, causing him to overuse the brakes until they faded.
According to court records, McMinn had held a commercial driver’s license for approximately three years and had an air-brake endorsement, according to the affidavit.
Obtaining that endorsement requires instruction and testing on mountain-driving practices, including selecting a safe speed, choosing the correct gear before beginning a descent, recognizing brake failure and using proper braking techniques.
McMinn also attended Sage Truck Driving School in Idaho Falls, which teaches those practices, Latchaw wrote.
“Laiton should have never got himself in this situation in the first place,” the trooper concluded.
Families consider civil claims
Ellen Besobrasow and Allison Page, widows of Nick and David, respectively, have filed separate petitions asking a Teton County judge to appoint each woman as the legal representative of her husband’s wrongful death estate.
Both women said they are investigating potential claims against McMinn and Avail Valley Construction.
The petitions are preliminary procedural filings, not wrongful-death lawsuits. They do not establish liability or mean either McMinn or the company has been found legally responsible.
Crash intensified safety concerns
The fatalities galvanized residents on both sides of Teton Pass who are seeking immediate safety measures for the steep mountain highway.
The citizen coalition Make Teton Pass Safer has asked Wyoming and Idaho transportation officials to temporarily prohibit recreational vehicles and vehicles pulling trailers, and to reduce the pass’s weight limit from 60,000 to 40,000 pounds while longer-term measures are considered.
The July crash was followed by two other incidents involving motor homes on the same descent.
On Aug. 17, an RV pulling a trailer crossed the centerline, collided with an oncoming vehicle and struck a rock wall near the base of the pass. The motor home overturned with five family members inside, including an 11-year-old girl who was trapped and struggling to breathe.
Six days later, another motor home developed overheated brakes while descending toward Wilson. Its driver pulled over near the runaway-truck ramp after smelling the brakes and had the RV towed down the remainder of the pass.
WYDOT has since deployed portable message boards warning motorists about the pass’s 10% grade and directing them to use low gear. The agency also is revising permanent signs so the warnings expressly apply to RVs and vehicles pulling trailers, rather than only commercial trucks.
The later incidents are not connected to the criminal case against McMinn, but they have intensified questions about vehicle readiness, driver understanding and whether warnings reach motorists before they are committed to the mountain crossing.
“The charges are a matter for the courts, and we respect that process, but a prosecution does not change WYO 22 over Teton Pass, and it will not stop the next runaway vehicle,” wrote Jared Smith in a statement response to Jackson Hole Daily. “We appreciate the new signage WYDOT has installed on the eastbound approaches. It is a real step, and it is not enough.
“We are asking for additional warning signage, particularly on the eastbound descent grade; a vehicle check point at the Wyoming–Idaho state line; and better messaging, including portable radio stations at the decision points where drivers still have a choice, such as Swan Valley and Hoback Junction.”
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