by April Scheinoha
Reporter
A McIntosh man was charged this week in Pennington County District Court after he allegedly drove drunk, failed to stop at a stop sign and collided with another vehicle in May 2024. The crash killed the other driver and injured her two passengers.
Justin David Shultz, 39, has been charged with felony criminal vehicular homicide, felony criminal vehicular operation – great bodily harm, misdemeanor fourth degree driving while impaired – 0.08 or more, petty misdemeanor expired registration and misdemeanor failure to stop at a stop sign. A mug shot wasn’t available as Shultz has been summoned to appear in court Monday, March 10.
An online Minnesota State Patrol accident report indicated that Mary Jean May, 49, Red Lake, was pronounced dead at the scene. May was driving the other vehicle, a 2007 Chrysler Town & Country.
The complaint indicated that an autopsy found May died “as a result of blunt force trauma of the head and neck” while she was a restrained motor vehicle occupant. Her manner of death was classified as an accident.
Two other people suffered injuries in the crash. Both were passengers in May’s van. The State Patrol report identified them as Kimberly Ann Barrett, then 44, Red Lake, and Kiesha Barrett, unlisted age, Red Lake. Kimberly Barrett is May’s sister and Kiesha Barrett is Kimberly’s daughter.
The complaint only identifies the passengers by their initials with Kiesha Barrett being identified with a last initial other than B. Kiesha Barrett was airlifted from the scene. She suffered “an intracranial hemorrhage, pulmonary contusions, compression fracture of the T3 vertebra, diffuse azonal brain injury, closed fracture of the left clavicle, compression fracture of the T2 and T3 vertebra, intraventricular hemorrhage and trauma.”
Kimberly Barrett suffered “an intra-articular fracture of the lower end of right radius, abrasions on her legs and a fracture of her third and fourth lumbar vertebra.” She was hospitalized for five days and later readmitted 12 days later after suffering abdominal pain.
The State Patrol report indicated that both passengers were wearing their seat belts.
The charges stemmed from a two-vehicle accident May 3 at about 9:22 p.m. at the intersection of 310th Avenue Northeast and Center Street about eight-and-a-half miles south of Goodridge. The intersection is a T intersection in which southbound 310th Avenue traffic has a stop sign. Shultz was driving a 2005 Buick LeSabre southbound on 310th Avenue at the time of the crash. May was driving an eastbound 2007 Chrysler Town & Country. The impact of the crash pushed the van into the south ditch and caused it to roll over. The van came to rest upside down about 67 feet away. A portion of the van, if not the entirety of it, came to rest in water. The car traveled about 143 feet and came to rest in the south ditch.
Upon encountering Shultz, a Pennington County sheriff’s deputy allegedly noticed that Shultz seemed confused and was unable to sit up on his own. The deputy could also smell an odor of alcohol coming from Shultz. Paramedics checked on Shultz, who was later taken to Sanford Medical Center in Thief River Falls.
EMS allegedly told a State Patrol trooper that Shultz “kept changing his story, first indicating that he had nothing to drink and then saying he had four beers.” The trooper could smell alcohol on Shultz and obtained a search warrant for Shultz’s blood. Hospital staff collected the blood sample, which allegedly had a result of 0.146 Blood Alcohol Content.
The State Patrol allegedly determined Shultz failed to stop for the stop sign and collided with the driver’s side of May’s van. The roadway was dry at the time and there were no mechanical defects of Shultz’s car.
As part of the accident reconstruction, a State Patrol sergeant estimated Shultz was traveling 48.5 mph and May was traveling 64.5 mph. The event data recorder for Shultz’s car showed no reports of braking, cruise control or seat belt use.
Law enforcement also allegedly determined that Shultz was using his phone “at or leading up to the time of the motor vehicle collision.” They found he wasn’t using the hands-free mode.
Shultz told a trooper that he didn’t remember the crash. He last remembered dropping a friend off in rural Goodridge. When asked, Shultz allegedly said he had consumed “a little bit” of alcohol prior to the crash.
The friend told the trooper that Shultz had consumed a few alcoholic beverages at the American Legion Club in Thief River Falls. He didn’t know what Shultz had consumed. Shultz then drove him home, and they had a Jameson alcoholic beverage.
The trooper obtained surveillance video from the Legion, where he could see Shultz arriving and then consuming a beverage. He remained there for about four hours and 32 minutes.
Kimberly Barrett told a State Patrol sergeant that it appeared Shultz wasn’t going to stop for the stop sign. She attempted to get her sister’s attention, but she was unable to notify her in time. After the accident, Barrett noticed her daughter was lying in water inside the vehicle. She held her daughter’s head out of the water until help arrived about 15 minutes later.