Rachel Banks convicted of criminal negligent homicide
Story by by Oregon Herald staff
Biltimier's family told the court that he moved to Oregon two years before the crash and quickly fell in love with the Pacific Northwest.
"Calvin loved the area, the climate and the outdoors," his father, Mike Biltimier, said. "[Calvin] had a promising life and would have done great things. That life, however, was cut much too short by the negligence and irresponsibility of the defendant. … Our hearts have been broken by the death of our son, brother, grandson and friend, Calvin, caused by the defendant. Our worlds have been turned upside down and forever changed."
In addition to the criminal negligent homicide charge, Banks pleaded no contest to one count of driving under the influence of intoxicants.
By changing her plea to no contest, Banks stipulated there is sufficient evidence to show that she, with criminal negligence, caused the death of Mr. Biltimier while under the influence of marijuana.
This investigation started on December 18, 2018 when Portland Police responded to a vehicular crash on I-205 southbound just north of the Southeast Stark Street overpass. Multiple witnesses reported Banks was traveling in the center lane and subsequently lost control of her vehicle, which crossed onto the emergency shoulder.
The vehicle crashed into multiple large construction barrels and then slid into the side of a parked construction truck. The impact with the construction truck was primarily on the passenger side. Banks' vehicle continued another 30 feet where it impacted a second parked construction truck.
The force of the crash and incursion resulted in Mr. Biltimier being pinned inside the vehicle. Portland Fire & Rescue responded to the scene and removed the roof to pull Mr. Biltimier from the vehicle.
Biltimier was transported to Legacy Emanuel Medical Center in critical condition. He died on December 25, 2018.
This pretrial settlement, which was approved by a judge, is the result of lengthy negotiations and takes into account specific mitigating information provided to the District Attorney's Office.
As part of the plea agreement, Banks will be on five years of formal probation. During that time, she will be ordered to attend and complete the Victim Impact Panel and undergo a drug and alcohol evaluation and participate in any treatment that is ordered.
Banks' driving privileges will be revoked for life.
The District Attorney's Office believes this pretrial resolution is appropriate as it holds Banks criminally responsible, pursuant to the state's current homicide and DUII laws, for causing the death of Mr. Biltimier.
During the pendency of this case, the District Attorney's Office was in frequent contact with Mr. Biltimier's family. They are supportive of resolving this case without a trial.
This case was litigated by Multnomah County Deputy District Attorney Kelley Rhoades.