The Washington State Patrol has finished its investigation of a collision in which a Bainbridge Island man died Sept. 23, 2015 after the pickup he was in was hit by a car driven by Marrowstone Island resident Chuck Russell.

Detective Joi Haner, who wrote the report dated Jan. 15, 2016, did not make any recommendation on whether to charge Russell, 73, of Marrowstone, in the death of 88-year-old Robert Frank Dawson of Kitsap County. The case was referred to Jefferson County Prosecuting Attorney Michael Haas' office for review and a charging decision.

There is no obvious sign of drug or alcohol impairment, according to the Washington State Patrol (WSP) documents.

Haas said on Jan. 25 that deputy prosecutor James Kennedy is reviewing the WSP report.

“We haven't made a decision on it yet," Haas said. The prosecutor must decide whether there is probable cause or whether to send it back to law enforcement, or call for another hearing such as a coroner's inquest.

“It might take a while. I would anticipate we'll have a [charging] decision in the next two weeks," Haas said.

Haas faces the question of charging as a traffic infraction, perhaps negligent driving, or elevating charges based on whatever evidence might be available, to a criminal charge such as vehicular manslaughter.

The prosecutor has yet to make a charging decision on a similar two-vehicle fatality accident from April 15, 2015, when one vehicle crossed the centerline and struck another, killing one man. [See related story on page A19.]

Russell briefly suspended his bid for a fourth six-year term on the Jefferson Healthcare public healthcare board after the accident. He was defeated in the November general election by Kees Kolff.

The Leader obtained a copy of Haner's report Jan. 22 through an Open Public Records Act request of the WSP.

NEW DETAILS, WITNESSES

The incident occurred around 2:23 p.m. Sept. 23, 2015 on State Route 104 near milepost 8, which is west of the highway's intersection with SR 19 (Beaver Valley Road) about 5 miles from the Hood Canal Bridge.

Some new details about the incident have emerged from Haner's report.

Russell was headed westbound on SR 104. Pamela Thresher was headed eastbound on SR 104 with her brother, Bret Dawson and father, Robert Dawson. All were wearing seatbelts, according to reports.

Before the crash, a driver identified as Jonathan Elliot swerved right to avoid Russell, whose 2004 Honda Pilot had crossed the centerline in Elliot's path, according to Haner's report.

“While doing so Elliott honked his horn at Russell making Russell aware he was over the centerline,” Haner wrote. “Russell then swerved hard to the right losing control of the vehicle.”

After that, Russell swerved to the left and his vehicle began to rotate counterclockwise, crossing the centerline and into the eastbound lane.

Pamela Thresher, 53, of Suquamish was driving a 2000 Dodge Dakota pickup eastbound at between 50-55 miles per hour. She and her brother and father had been on the Olympic Peninsula mushroom hunting and were returning to their home, according to the report.

Thresher was braking when her pickup collided with Russell's Honda Pilot on the eastbound shoulder, according to the report.

Jessica Lee, who was driving a 27-passenger bus for Olympic Bus Lines, and was behind Thresher, reported seeing Russell lose control of the Honda, the report said. She said the driver of the Honda “turned directly in front of the other vehicle, as if it was making a left turn.” She also told Haner that after the crash, she and several passengers stopped and offered aid.

Russell had his foot on the accelerator after the crash and the Honda's engine was revving up and they had to remove his foot off the accelerator and turn off the vehicle's ignition, Lee told authorities, according to the report.

Elliott also had stopped on the shoulder and had called 911 to report the collision that had happened behind him. Elliott told detective Haner that “he felt if he didn't honk his horn and drive to the shoulder he would have been hit” because the Honda was in his lane.

James Decker at 2:42 p.m. became the first WSP trooper to arrive. Thresher told Decker that in an attempt to avoid the Honda, she had swerved to the right and “broke hard” but collided with the Honda's passenger side.

Sgt. Andy Pernsteiner with the Jefferson County Sheriff's Office told Decker that he had spoken to Russell and that Russell told him that he did not remember the collision, and that he was going to his home in Nordland on Marrowstone Island.

“Russell admitted to Sergeant Pernsteiner that he may have fallen asleep,” the WSP report said.

Decker also spoke with Russell who said he was a diabetic and that he had taken his medication that morning.

INJURIES

All four people involved in the accident were wearing seatbelts.

Russell suffered injuries to his right, foot, left clavicle, ribs, sternum, right humorous and suffered a lacerated liver, according to the report. He was airlifted to Harborview Medical Center in Seattle.

Thresher suffered a fractured sternum, laceration to the left leg and sprained left ankle. She was taken by ambulance to Harrison Medical Center in Bremerton.

Thresher's brother, Brett Frank Dawson, 54, of Silverdale, who was in the pickup's left back seat, suffered a fractured clavicle, ribs and sternum. He was airlifted to Harborview.

Robert Frank Dawson, 88 of Bainbridge, who was seated in the right front of Thresher's car, died at the scene.

Decker subsequently requested a WSP Drug Recognition Expert to contact Thresher and Russell at their respective hospitals.

A trooper contacted Harrison and noted no signs of impairment.

A different WSP trooper contacted Russell at Harborview and observed that his face was flushed, he had difficulty hearing her and he appeared dazed. He also was having difficulties staying awake, and had received pain medication. Russell denied having any alcohol to drink and requested an attorney, according to the report.

“At that point Russell refused to answer any further questions,” Haner's report said.

SEARCH WARRANT

On Dec. 9, Haner obtained a search warrant for Russell's medical records from East Jefferson Fire Rescue and Harborview Medical Center. He also spoke with fire personnel who treated Russell.

“They were aware he had a stroke several months prior that limited his field of vision. They stated that while treating Russell he was not coherent, then suddenly he 'snapped out of it' and became coherent and aware of his surroundings,” the report said.

“On initial evaluation the medics wrote in their report that Russell 'appeared sleepy' and was closing his eyes. He also told them he did not know what happened, but that his last memory was crossing the Hood Canal Bridge and that he missed his turn to his residence.”

A glucose level taken at Harborview showed Russell's glucose was consistently high and he had no alcohol in his system when he was admitted.

On Jan. 11, 2016, detective Haner said he received an email from Paul Delay, Russell's attorney, with answers to a series of questions that were submitted to Russell on Nov. 4.

“In the answers Russell denies knowing anything mechanically wrong with his vehicle. He stated that he did not fall asleep and that he does not have any memory of the collision. He had gone to Poulsbo to pick up his dry cleaning and then had gone to Costco in Silverdale for shopping,” the report said. “He was on his way home when the collision occurred. He explained that he uses Center Road to go home instead of Beaver Valley Road (State Route 19),” although this adds four miles and five minutes one way, the report said.

There is some conflicting information between Haner's report and a report by WSP Trooper Decker, who wrote in a report Sept. 29, 2015 that Russell said he missed his turn by one mile and that he should have turned right onto SR 19 and head north to get to Nordland. And at that point, Russell told Sgt. Pernsteiner that he may have fallen asleep, according to Decker's report.

FOLLOWUP REPORTS

There also were two followup reports from troopers that vary slightly.

Trooper Decker's report indicates Haas, county prosecutor and coroner who is now in charge of deciding whether to charge Russell, arrived at the accident scene and stated he did not believe that there was enough probable cause (PC) to apply for a warrant.

“I advised Trooper Greydanus that we would not be getting a search warrant for blood and that she could clear from Harborview. I emailed Trooper Greydanus the exchange of information and she provided it to Russell," wrote Decker.

Sgt. Gailin Hester of WSP also arrived on the scene and said in another report he asked Trooper Decker to ask for a Drug Recognition Expert in King County to respond to Harborview and complete an evaluation of Russell.

The report said Decker would work with Prosecutor Haas and Deputy Prosecutor James Kennedy in trying to obtain a search warrant for blood from Russell.

“The decision was made after not being able to speak to a judge for the warrant the decision was made by Prosecutor Haas to apply later for a warrant for Russell's medical records. Prosecutor Haas would review the completed case to see if it met the criteria for felony charge of disregard for the safety of others,” the report said.

Asked Jan. 25 about his decision to cancel a request for a search warrant, Haas said there were "no indicators whatsoever [Russell] was drinking or under the influence.”

“We wanted to talk to Mr. Russell but he invoked his right [while at Harborview] to remain silent. He has an absolute right to that, but I didn't take it as being cooperative," Haas told the Leader. "At the time, we didn't have enough evidence to tie the driving pattern to a request for blood in terms of search warrant. If we thought we could obtain a search warrant, we would have done so.”

During initial reporting of the accident, and how it related to an ongoing election campaign, Haas had noted that his wife was a supporter of Russell's opponent. Haas said that connection has no bearing on how the prosecutor handles the case, going forward.

“I don't think I would have to conflict out," Haas said. "Now that the election is not an issue, I don't see that as a basis [to conflict out.]”

(Leader staff writers Patrick J. Sullivan, Allison Arthur and Nicholas Johnson contributed to this story.)