TETON COUNTY, WYOMING — A 22-year-old Ririe, Idaho man has been charged with two counts of homicide by vehicle after a Wyoming Highway Patrol investigation concluded he descended Teton Pass too fast, overused his brakes until they faded, and failed to use the runaway truck escape ramp, killing two men in a six-vehicle pileup on July 7.
Teton County Prosecutor Dick Stout filed the misdemeanor charges against Laiton George McMinn, who was driving an asphalt-laden dump truck owned by Avail Valley Construction LLC of Victor, Idaho down Highway 22 toward Wilson when the brakes overheated and lost stopping power. The dump truck struck a motorcycle, two pickup trucks, a Subaru, and glanced another vehicle before overturning and coming to rest on its side near milepost 6.8. Nicholas Besobrasow, 66, of Tetonia, Idaho, and David Page, 57, of Mammoth Lakes, California, were killed at the scene. Four others were transported to St. John’s in Jackson with minor to moderate injuries. The crash closed Teton Pass for approximately 12 hours.
Homicide by vehicle is a high misdemeanor punishable by up to one year in jail, a $2,000 fine, or both.
What the Investigation Found
A mechanical inspection conducted after the crash found no defects that contributed to the collision. Investigators attributed the loss of braking power entirely to brake fade, overheated brakes caused by overuse.
WHP Trooper Brad Latchaw wrote in the probable cause affidavit that McMinn told him at the scene his brakes were “kind of working and they were iffy” as he descended the pass, and that as he rounded the final corner the brakes stopped working entirely. McMinn said he tried to steer the truck into the guardrail on the right side of the road but it bounced off. The first vehicle he remembered striking was the motorcycle.
Witnesses said the truck appeared to be having problems shortly after beginning its descent from the summit, traveling too fast with smoke coming from its brakes.
Latchaw identified three decisions that contributed to the fatal crash: starting the descent in the wrong gear or at an unsafe speed, failing to pull over after noticing brake fade, and failing to use the escape ramp and cable-catch system that was available immediately before the crash.
“Laiton’s brakes faded that day because of overuse, not a mechanical issue,” Latchaw wrote. “Laiton had insufficient braking ability when he passed by the runaway escape ramp. If Laiton had taken the escape ramp, this crash would have never occurred.”
“This crash was totally preventable,” the trooper concluded. “Laiton should have never got himself in this situation in the first place.”
McMinn had held a CDL for approximately three years and had an air-brake endorsement, which requires instruction and testing on mountain-driving practices including selecting a safe speed, choosing the correct gear before a descent, recognizing brake failure, and using proper braking techniques. He also attended Sage Truck Driving School in Idaho Falls, which teaches those same practices.
Civil Claims and Safety Concerns
The widows of both victims have filed separate petitions in Teton County asking a judge to appoint each as the legal representative of her husband’s wrongful death estate. Both women said they are investigating potential claims against McMinn and Avail Valley Construction. The petitions are preliminary procedural filings and do not establish liability.
Avail Valley Construction currently holds a $3 million WYDOT paving contract for sections of Highway 22 between the Snake River bridge and Jackson. The company was not hauling asphalt for the state the day of the crash.
The fatal crash sparked a broader safety movement. The citizen coalition Make Teton Pass Safer has asked Wyoming and Idaho transportation officials to temporarily prohibit recreational vehicles and vehicles pulling trailers and reduce the pass weight limit from 60,000 to 40,000 pounds while longer-term measures are considered.
Two subsequent incidents on the same descent have added urgency. On August 17 an RV pulling a trailer crossed the centerline, struck an oncoming vehicle, hit a rock wall, and overturned with five family members inside including an 11-year-old girl who was trapped and struggling to breathe. Six days later another motor home developed overheated brakes descending toward Wilson and was towed down the remainder of the pass after the driver smelled the brakes.
WYDOT has since deployed portable message boards warning motorists about the 10% grade and directing them to use low gear. The agency is also revising permanent signs so warnings expressly apply to RVs and vehicles pulling trailers, not only commercial trucks.
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