BSU Student Facing Vehicular Manslaughter Charges

BOISE, Idaho (KTVB) -- A Boise State student is facing a charge of vehicular manslaughter after police say he struck and killed a broken-down motorist with his car early Sunday morning.

Prosecutors said in court Monday afternoon that 28-year-old Patrick Randall Musgrove of Boise was drunk when his car hit a man who was having car trouble on I-84 east of Boise just before 4 a.m. According to Idaho State Police, 23-year-old Winters Wareagle of Garden City had pulled over to the side of the road and gotten out to check his vehicle. He was standing in the road when he was struck.

Wareagle died at the scene. Prosecutors said Monday that although Wareagle was in the roadway, several cars and a tractor-trailer who passed the driver before he was hit had no trouble avoiding a collision, adding that Musgrove would not have hit the man if he was sober. Musgrove's blood alcohol content was measured at .148 after the wreck, well above Idaho's legal limit of .08.

He was arrested and charged originally with aggravated DUI.That charge was changed to manslaughter Monday. Prosecutors say Musgrove has a prior DUI in California in 2009, and asked the judge to set a high bond. The defendant's bond was set at $150,000. He is due back in court Aug. 28.