Motor Vehicle Homicide Charge Reduced to Misdemeanor

A plea agreement has been reached in a motor vehicle homicide case that has been pending since November of 2019.Dalton A. McMaster, age 29, of Fairbury, appeared in Jefferson County District Count on Tuesday, March 28, 2023. David J.A. Bargen was the presiding judge.The alleged victim was Cody W. Craig, 28, of Hanover, Kansas.McMaster has a prior conviction for driving under the influence of drugs or alcohol (DUI) in Marshall County, Kansas, on May 6, 2016. That conviction made the original charge a class 2 felony punishable by up to 50 years in prison.In accordance with the plea agreement, the charge was reduced to a class 1 misdemeanor, punishable by up to one year incarceration and a $1,000 fine.McMaster pleaded No Contest. A No Contest is much the same as a Guilty plea but without admitting guilt. Judge Bargen advised the defendant that he is allowed to take into consideration that the defendant did not admit guilt at sentencing.A jury trial is scheduled on the court docket for March 18 to March 23, 2023. Thursday, February 2, was the deadline for a plea agreement as set by Judge David J.A. Bargen. Nevertheless, the plea agreement was heard by Judge Bargen on March 13 of this year. The judge has canceled the trial dates.According to the Jefferson County Sheriff's Office, on November 10, 2019, 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 McMasterBased on 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.McMaster and his attorney, Dustin Garrison, have disputed that version of events. McMaster has previously stated that Craig was driving.“We dispute that he was impaired,” Garrison told the court. Garrison maintained that a blood draw used to determine impairment was taken too long after the fact and was not done correctly.On November 10, 2020, the defendant's attorney filed a motion to suppress results of a blood test, “The blood test allegedly obtained from Defendant herein by Bryan LGH West/Bryan Health in Lincoln, Nebraska, for the reason that said blood test was obtained in violation of Defendant’s rights.”Judge Bargen ordered a PSI (Pre-Sentencing Investigation). Sentencing is scheduled for June 1, 2023.

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