Deputy cleared in fatal pedestrian collision

January 20, 2017

On October 8, 2016, Idaho State Police began an investigation of the fatal crash involving Kootenai County Sheriff's Office patrol vehicle driven by Deputy Andrew Nye and a pedestrian, Amber Viuhkola, on U.S. Highway 95 near Miles Road. The investigation involved an Idaho State Police Collision Reconstructionist, Detectives from ISP Investigations and ISP Alcohol Beverage Control division. As part of the investigation ISP conducted skid tests on Deputy Nye's vehicle, mapped its headlights, verified the accuracy of the vehicle's speedometer and retrieved data from the vehicle's engine and airbag module. Video evidence, witness statements and toxicology analysis were also included in the investigation. Based on the investigation, the Idaho State Police concluded that the primary cause of this collision was attributed to Viuhkola's failure to yield to oncoming traffic. A contributing factor to the collision was Ms. Viuhkola's inattention to oncoming traffic. Viuhkola presented a danger to herself and passing motorists by crossing U.S. 95 at night, in a poorly lit area of US 95 not marked for pedestrian traffic and while wearing low contrast clothing not conspicuous to passing motorists. A second contributing factor to the collision was Viuhkola's impairment by alcohol. A third potential contributing factor was the presence of a Toyota truck slowly crossing U.S. 95 beside, and then in front of, Viuhkola. As a result of the investigation The Idaho State Police concluded Deputy Nye was traveling at or near the posted speed limit of 55 mph, did not have sufficient time to perceive and respond to Viuhkola's presence in the roadway and he was unable to avoid the collision. On January 3, 2017, the Idaho State Police concluded its investigation and submitted its reports to the Kootenai County Prosecutors office for review. On January 18, The Idaho State Police received a letter from Kootenai County Prosecutor Barry McHugh, which stated, in part that "Kootenai County Sheriff's Office Deputy Nye did not violate any law in his driving conduct on October 8, 2016, when Amber Viuhkola walked in front of Deputy Nye's patrol car on Highway 95." To read the full letter, click here. Based on our investigation and the letter from Kootenai County Prosecutor Barry McHugh, no charges will be filed and ISP considers the investigation closed.