As of Tuesday, May 13, 2014
OKANOGAN An Omak man was officially charged last week with one count of vehicular homicide for the death two days earlier of his ATV passenger.
Cain Michael Bivins, 33, was charged in Okanogan County Superior Court for causing the death of Omak resident Charity Rumbolz, 24.
The charge was filed with the court after press time last week.
The two had been traveling along Sinlahekin Road next to Conconully Lake when the ATV plunged over a 100-foot embankment and into the lake. Bivins was thrown off the side-by-side vehicle; Rumbolz was wearing a seatbelt and went underwater when the vehicle sank in about 30 feet of water, Sheriff Frank Rogers said.
Rumbolz’s body was recovered about three hours after the 9 p.m. crash, court records show.
In a report by Okanogan County Sheriff’s Office deputy Tait Everett, filed as a probable cause statement with the charge, the officer alleges he could smell the odor of intoxicants coming from Bivins’ breath when Everett contacted him sitting in a pickup truck at the scene.
Bivins allegedly told Everett he’d had one beer with dinner, court records show.
“I asked Bivins what had happened and he said that as he was coming around the corner, he got something in his eye and he lost control and went over the embankment,” Everett’s report said.
Bivins eyes allegedly were watery and bloodshot, court records show.
Parts of a field sobriety test were performed on two occasions but, because Bivins did not have shoes on and the road was dirt, no balance tests were done, records show.
Everett arrested Bivins at 10:15 p.m. on suspicion of driving under the influence. Bivins declined to provide a breath sample, records show.
He was taken to jail and a search warrant was obtained from Superior Court Judge Chris Culp for a blood sample. Bivins was taken to Mid-Valley Hospital, where the sample was taken.
While they were at the hospital, Everett learned from Sgt. Kevin Arnold that Rumbolz’s body was found, still belted into the ATV, the report said.
The warrant was amended by Culp to reflect a vehicular homicide allegation, Everett wrote.
Bivins was booked into the county jail early April 6 and released on his own recognizance the next day after a preliminary hearing. He was ordered to wear an ankle monitor and comply with other conditions.
The maximum penalty for vehicular homicide is life in prison and/or a $50,000 fine, plus restitution and assessments. It also counts as a “most serious offense” under the state’s “three strikes” law.