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A Missoula District Court jury deliberated for about three hours Thursday before convicting a Hamilton man of felony vehicular homicide while under the influence of marijuana in a February collision that killed another man.

Patrick Eugene Sayers, 29, also was convicted of three misdemeanor counts of endangering the welfare of a child.

Sayers had smoked about two bowls of marijuana - as his three infant children sat in the back seat of his blue 1-ton 1991 Chevrolet truck - when he struck 26-year-old Michael Mickelson at the intersection of U.S. Highway 93 and Miller Creek Road in Missoula.

Mickelson was turning left onto Miller Creek when Sayers swerved around traffic, through the intersection and into the passenger side of Mickelson's 2000 Acura Integra at about 50 mph. The crash pushed Mickelson's car off the road and onto the median.

Suffering major head trauma that left him bleeding from the eyes, ears and nose, Mickelson was declared dead by 10 p.m. the same day. He, too, was a resident of Hamilton.

Members of Mickelson's family wept and shook their heads as the defense and prosecution offered their closing arguments to the jury Thursday morning.

Prosecutor Kirsten LaCroix quoted Ani DiFranco to remind jurors that the case was a homicide.

“Ani DiFranco wrote that any tool is a weapon if you hold it right. This case is about a lethal, loaded weapon,” LaCroix said. “A 6,400-pound pickup loaded with THC (marijuana), going 95 feet per second.”

Defense attorney Scott Spencer argued that the Mickelson family was trying to find closure through Sayers' conviction.

“It's easy to become emotional in these cases, and it's easy to get into the mind-set that Patrick smoked pot and drove, so he should be made to pay,” Spencer said. “It is not justice to render a guilty verdict because we're mad at Pat for smoking pot.”

LaCroix countered, saying there was no refuting the evidence and no one looking for revenge.

“There is no amount of money that will bring justice to the Mickelson family,” LaCroix said. “But for the decision to load those babies into that car and start smoking pot, Michael Mickelson would be here today and this room would be empty. Mr. Sayers must be held accountable.”

LaCroix ended the PowerPoint presentation of her closing argument with a portrait of Mickelson and photos of the crash.

“This is what we end up with,” LaCroix said as jurors looked at the photos. “Tell Mr. Sayers we don't do that here in Missoula.”

Sayers could be imprisoned for 30 years when he is sentenced Aug. 8.

Chandra Johnson is an intern for the Missoulian newsroom. She can be reached at 523-5302 or at chandra.johnson@ missoulian.com

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