Defense to Hire Expert Witness in Motor Vehicle Homicide Case

Dalton A. McMaster, age 29, of Fairbury, appeared in Jefferson County District Court the morning of Thursday, July 77, 2022, regarding payment for an expert witness on behalf of the defense. Julie D. Smith was the presiding judge.McMaster is charged with motor vehicle homicide. The defendant has a prior conviction for driving under the influence of drugs or alcohol (DUI) in Marshall County, Kansas, on May 6, 2016. The prior conviction makes the current charge a class 2 felony punishable by up to 50 years in prison.The victim was Cody W. Craig, 28, of Hanover, Kansas.The defendant is represented by attorney Dustin A. Garrison, who indicates he wants to hire an expert witness to challenge the State's expert witness, who testified on December 2, 2021 regarding blood evidence. Garrison argued that the blood test should be not allowed because of the lapse of time between the accident and the time that the sample was taken made the analysis no longer probative.According to the Jefferson County Sheriff's Office, on Nov. 10, 2020, they were notified of an accident that occurred just south of the junction of 714 Avenue and River Road.Upon arriving at the scene, Deputies discovered a male subject who was identified as Cody Craig. Craig was then treated by Jefferson County Ambulance District #33 and transported to Jefferson Community Health and Life where he was pronounced dead due to injuries related to the motor vehicle accident.Another individual was also discovered in the area of the scene and was an occupant in the vehicle. He was treated and transported from the scene by Jefferson County Ambulance and later transported to Lincoln by Ambulance. He was identified as Dalton McMaster.Based on the investigation made at the scene the vehicle, which was a 2000 Buick Century, was traveling southbound on River Road. The vehicle left the roadway and rolled several times ejecting both occupants from the vehicle. According to the Affidavit of Arrest Warrant, law enforcement believes McMaster was the driver of the vehicle, although McMaster has stated that Craig was driving.Garrison was not court-appointed but hired by the defendant. Garrison told the court he had been paid $2,500 and has already gone through that money. According to Garrison, McMaster is now indigent and is unable to make any further payments. Garrison said he is now working pro bono.As a result, the defendant does not have money to pay for the expert witness and Garrison has requested the court provide payment. The amount quoted by Garrison for the witness testimony is $4,500. Garrison noted that the witness is able to testify on a number of different issues, “So I would not need an expert witness for anything else.”Judge Smith said the cost “was not unreasonable,” but wanted to ensure McMaster was, indeed, indigent before approving payment. The judge ordered McMaster to fill out a financial affidavit and provide a copy of his 2021 tax return.A status hearing is scheduled for August 4.

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