Teen found guilty of misdemeanor

Christian Moothart, 17, of Vancouver sits between defense attorney Tom Phelan, left, and investigator Gary Rice in Clark County Juvenile Court on Wednesday. (Troy Wayrynen/The Columbian)

A judge convicted a teenage driver Thursday of reckless endangerment in last summer's "skitching" fatality.

Christian Moothart, 17, will be sentenced Sept. 18 in Clark County Juvenile Court.
Moothart, a senior at Columbia River High School, faces up to 30 days detention. He could also be ordered to perform community service and be on probation for up to one year.

Moothart was driving on Aug. 19, 2007, in Salmon Creek when his friend Joseph "Joey" Madison asked if he could get out of Moothart's Isuzu Trooper and do "skitching," short for "skate-hitching." Madison, 16, hung on to a driver's side rear window, but fell and was run over. He died at the scene.

Two other teenagers who were in the Trooper testified Wednesday that Madison had asked Moothart to slow down.

During closing arguments Thursday morning, defense attorney Tom Phelan said Moothart had not been speeding, swerving or doing anything intentionally reckless.

It had been Madison's idea to skitch, Phelan said.

"It shouldn't be Christian Moothart who bears the blame," Phelan said. "Everyone is responsible for their own behavior."

But Clark County Deputy Prosecutor Jeff Holmes said a driver is responsible for the safety of his passengers. When Madison asked to skitch, Moothart was the only one in the vehicle who had the duty to say, "No," Holmes said.

Before announcing her decision, Judge Barbara Johnson made it clear that she was not ruling that Moothart was directly responsible for causing Madison's death.

The authorities did not charge Moothart with vehicular homicide, she noted.
In finding Moothart guilty of reckless endangement, she determined that a reasonable person would have known of the substantial risk of towing a skateboarder, particularly on a public street in traffic.

The accident happened on Northeast 29th Avenue, near Legacy Salmon Creek Hospital. The street has a posted speed limit of 35 mph, and witnesses estimated that Moothart was driving between 25 and 30 mph.

Johnson also acquitted Moothart of a traffic infraction, which was having someone outside his vehicle. That law refers to drivers who let people ride on the hood, running boards or fenders, she said. It does not mention towing people.