Omaha man found not guilty of motor vehicle homicide because of COVID symptoms

In a first for Douglas County, an Omaha man was found not guilty of motor vehicle homicide on the grounds that he was suffering from a medical emergency: COVID-19.

Gerard Skutnik, 55, was found not guilty of felony motor vehicle homicide in a bench trial last week after his attorney argued that he suffered a syncope episode — meaning that he lost consciousness, or fainted — due to COVID-19 prior to crashing into stopped traffic at nearly 100 mph.

"(The defense) is unique because COVID has only been around for a few years, but it's not hocus pocus," defense attorney Glenn Shapiro said. "Either my client was a suicidal maniac who intentionally drove into stopped traffic at 97 mph, or it was something else."

On the morning of Nov. 29, 2021, Skutnik was driving southbound in his Toyota pickup truck along 144th Street. He had just picked up a Christmas tree at Home Depot and, according to Shapiro, was headed to Walgreens to get a COVID test.

Brinkman

Patricia Brinkman, 78, was stopped in the right turn lane on 144th street when Skutnik's truck barreled into her Chevy Malibu at about 97 mph. Brinkman was declared dead at the scene. Another man was injured after the force of the crash caused Brinkman's car to be pushed into two other vehicles.

Skutnik was also injured, and Shapiro said his client told first responders that he suspected he had the virus prior to being taken to the hospital. He had a high fever, according to Shapiro, and testing at the hospital confirmed he had COVID-19.

In January 2022, prosecutors filed felony charges against Skutnik, finding that the excessive speed alone was enough to consider his driving reckless and justify a felony charge. Felony motor vehicle homicide charges can be brought when the driver is under the influence of alcohol or drugs, has a suspended or revoked license, or drives recklessly.

From the beginning of the case, Shapiro has been interested in the COVID-19 defense.

"I always felt this was a medical issue," he said.

The argument made by Shapiro, and by his expert witness Dr. Tom Dunbar, is that Skutnik experienced a syncope episode that caused his body to become "tense and rigid." If Skutnik passed out with his foot still on the gas, that could explain why his vehicle would accelerate from 45 mph to 97 mph without braking, according to Dunbar.

Dunbar was the only witness called by Shapiro during the bench trial on Tuesday. Skutnik appeared in front of Douglas County District Court Judge Timothy Burns, who announced the not-guilty verdict Friday.

Douglas County Attorney Don Kleine said he respectfully disagrees with Burns’ ruling. He pointed to surveillance video at Home Depot, which shows Skutnik exhibiting no signs of illness as he picks out a Christmas tree and loads it into his car. Kleine also wondered how Skutnik could stay in the same lane and not lose control of the vehicle if he was truly unconscious.

"There's all sorts of questions," Kleine said. "This is a very unique case. But if somebody passes out and loses control, they aren't going to be pressing on the accelerator and staying in the same lane."

Brinkman's family is distraught by the ruling, her sister Barbara Jansen said.

"It feels like we lost her all over again," Jansen said. "(Skutnik) was just lucky he could get a good attorney and find an angle. But the sad thing is the precedent this sets."

Brinkman was a teacher in the Millard school district for 35 years, teaching at various elementary and middle schools. She was an avid Creighton Bluejays fan and frequently volunteered as an election worker.

She remained highly involved in her sorority, Beta Sigma Phi, throughout her life. She had recently stepped down as the sorority's treasurer and was on the way home from taking her name off the organization's bank account when she was killed.

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