OKANOGAN A man arrested on suspicion of vehicular homicide in a weekend ATV crash was released from jail on his personal recognizance Monday afternoon.
Omak resident Cain M. Bivins, 33, was arrested late Saturday night and booked into the county jail early the next morning after the crash that killed Charity Ranee Rumbolz, 24, also of Omak.
The two were riding on an ATV, with Bivins driving, when the vehicle went over a 100-foot embankment and plunged into Conconully Lake. Rumbolz, who was wearing a seatbelt, remained with the 2014 Can-Am 1000 ATV, which sank in about 30 feet of water, Okanogan County Sheriff Frank Rogers said.
Riders sit side-by-side in that vehicle, he said.
Bivins was ejected. Alcohol appears to have been a factor, although results of blood tests are not expected back for several weeks, Rogers said.
Bivins made a preliminary appearance Monday afternoon in Okanogan County Superior Court.
Before a standing room only courtroom packed with family and friends of both Bivins and Rumbolz, Judge Chris Culp found probable cause for a charge of vehicular homicide. Prosecuting Attorney Karl Sloan has until 5 p.m. today to file the charge.
Arraignment is set for 8:30 a.m. April 14.
Sloan said Bivins does not have a criminal record other than a deferred prosecution for a 2008 driving under the influence arrest. He met all conditions and the charge was dismissed in April 2013.
Given that background, Sloan said the state typically would seek bail of $25,000, but at a minimum requested release conditions of alcohol monitoring and no use or possession of alcohol or controlled substances.
Attorney Tony Castelda, representing Bivins, said his client is a lifelong county resident and works as an electrician at the Okanogan County Public Utility District.
“He is not a flight risk. I do not believe he poses a public safety risk,” he said while arguing for release on personal recognizance. Alternatively, a minimal bail amount of $5,000 would be acceptable.
Rumbolz’ father, Rod Rumbolz, asked the court to release Bivins, and offered to post bail if needed.
“We’ve had the loss of one young person. We don’t want the loss of two,” he told the court. “Don’t hold Cain responsible for this. They were doing what they wanted to do. We need to take care of this kid.”
Culp said he has known both families for years, but also had to consider public safety and the possibility the defendant would fail to appear.
In neither instance was he concerned, although he did set conditions for Bivins’ release: He cannot violate any laws, must stay in contact with his attorney and must appear for all court dates.
He also must be fitted with an ankle monitoring device that can detect alcohol use, submit to random urinalysis, cannot be anywhere that alcohol is served by the drink and cannot use or possess controlled substances unless prescribed by a physician.
“If alcohol is found in your system, you will go back to jail,” he told Bivins.
Conconully Fire Department, Fire District No. 9, LifeLine Ambulance and the Okanogan County Sheriff’s Office were called at 9:10 p.m. Saturday to Conconully Lake for an ATV in the lake and a missing woman.
Rogers said Bivins and Rumbolz apparently were out with others and were last in a line of ATVs heading from Conconully to Fish Lake. When the group got to Fish Lake, they discovered Bivins and Rumbolz were missing.
They returned the way they’d come and found Bivins standing in the road, soaking wet.
He apparently lost control of the vehicle on a sharp corner, Rogers said. He was ejected, but Rumbolz went into the water with the ATV.
“After several hours, rescue crews and divers were able to get to the ATV and around 1 a.m. were able to locate the victim and bring her out of the water,” he said. She was pronounced dead at the scene.
Bivins was taken to Mid-Valley Hospital in Omak and then to jail.
Rumbolz’ mother Sharon Rumbolz, said Bivins tried to reach her daughter, despite suffering an ankle injury in the crash. She they’d just eaten dinner in Conconully and that he wasn’t drunk.
“No good can come of torturing him any more,” she said. “He tried to save her. He tried to get her out. It was an accident and accidents happen.”
Rogers, who said he’s known the Rumbolz family for years, said investigators believe alcohol was a factor.
“We have to investigate these things,” he said. “We can’t just pick and choose.”
He expressed sorrow for the Rumbolz family’s loss “and will keep them in our thoughts and prayers.”
Once the Sheriff’s Office investigation is complete, the case is in the prosecutor’s hands, he said.
Sharon Rumbolz, of Okanogan, and Rod Rumbolz, of Wenatchee, both said they don’t want Bivins prosecuted.
“They were good friends. We don’t want him prosecuted,” Rod Rumbolz said.
The ATV was removed from the water by Randy’s Towing, Okanogan.
An autopsy has been scheduled for Charity Rumbolz.
The crash was south of the site where a Renton man, Christopher D. Campbell, 50, died when his pickup truck plunged into Sugarloaf Lake in October 2013.