Dallas man gets 18 months in prison for vehicular homicide

Circuit Court Judge Ladd Wiles described the 18-month prison sentence for Clayton Lynn Gruber, 30, of Dallas, as a gift, compared to what could have been a 70-month sentence for a Measure 11 crime.

Gruber pleaded guilty Sept. 20 to one count of criminally negligent homicide, a Class B felony, for causing the death of Keith Bacchetti, 50, of Grand Ronde, in a motor vehicle crash on Highway 18 near Sheridan on the morning of Nov. 30, 2020.

At the sentencing on Friday, Keith’s wife, Tawnya, who was a passenger in the vehicle driven by Keith and was severely injured in the crash, said there “is not a punishment big enough for this man who brought so much destruction to my world.”

Gruber also pleaded guilty to one count of third-degree assault/DUII, a Class B felony, two counts of misdemeanor fourth-degree assault and one count of reckless driving.

He was indicted on charges of driving under the influence of intoxicants and second-degree manslaughter, but those were eventually dropped in the case that was heavily litigated for nearly four years until the recent resolution. Some evidence of Gruber’s alleged impairment was suppressed last year; and a key witness for the state on the issue became unavailable for trial, leading to the parties’ stipulated plea agreement.

Wiles permanently revoked the driver’s license of Gruber, who has a history of traffic violations including street racing and driving over 100 miles per hour. The judge also added stipulations of probation so Gruber will face further jail time if he is caught driving after being released from prison.

The wreck occurred on the bridge crossing the South Yamhill River near the Sheridan interchange. Gruber, driving eastbound in a 1995 Ford Mustang, collided almost entirely in the oncoming lane head-on with the Bacchetti’s 2006 Volkswagen Jetta.

Gruber was driving in excess of the speed limit, Deputy District Attorney Arild Doerge said while stating the facts of the case. A speed range of the car was never determined, but the Mustang “was going so fast that the impact caused the engine to be torn out of the vehicle, and it went over the guardrail into the Yamhill River, where it remains to this day,” Doerge said.

The Mustang struck the guardrail and was “spinning like a top,” according to witnesses, and came to rest about 250 feet from the impact spot when the rear end struck a Toyota RAV4, operated by Stanley Michelson of Otis, with his wife, Kristen, who sustained minor injuries.

Keith Bacchetti died on impact.

Doerge said a State Trooper interviewed people at a nearby tow yard where Gruber had been just before the wreck.

“One of the employees states that the defendant seemed to be talking quickly, not making a lot of sense and seemed to get upset when the employee told him that he had to get back to work and couldn’t continue talking,’” Doerge said. “When he left the tow yard, he ‘hot rodded out of there’ … revving the engine and peeling out the tires.”

Gruber initially told officers he was going about 45 or 50 miles per hour, had been hit from behind and was in his own lane when the crash occurred. He later admitted his car crossed the center median, but maintained he was hit from behind.

A crash reconstruction determined his car was not initially hit from behind, Doerge stated.

Doerge said there were indicators of impairment related to marijuana when Gruber was interviewed at Willamette Valley Medical Center, where he was transported by ambulance after the crash, along with some statements made by the defendant about marijuana usage.

A drug recognition expert (DRE) evaluation was conducted by Oregon State Police Detective Dessa DeForest, and Gruber later agreed to provide blood and urine samples.

Blood samples were also taken by hospital staff several hours earlier. A patrol trooper asked staff to hold those samples for police to later take custody of, and a search warrant for those samples was filed six days later.

In February 2023, Gruber’s defense attorney filed a motion to suppress all evidence obtained from or at the hospital, including the comments made by the defendant, results from the DRE evaluation and any blood or urine samples.

A hearing on the motion was heard by Judge Cynthia Easterday in July of last year.

In her opinion, Easterday outlined DeForest’s testimony, in which the detective described the difference between a complete and incomplete DRE. If an officer is able to complete the 12 steps of a DRE evaluation, they can provide an opinion as a certified drug recognition expert. If the steps are not completed, as was the case with Gruber because of his medical condition, the detective’s observations are made as an officer with training and experience giving their opinion.

Easterday ruled the search warrant for the staff-drawn blood samples was invalid because it implied DeForest provided “an expert opinion with a scientific foundation,” when it should have outlined the difference between complete and incomplete evaluations.

Easterday sided with the state, however, on the other motions to suppress, finding the defendant’s consent was voluntary during interviews, evaluation and blood and urine samples ordered by police.

The case was scheduled for trial on Jan. 22 of this year, but was rescheduled for this month because DeForest was on medical leave.

Doerge said Friday that DeForest “is on some sort of protective leave, not expected to ever return to law enforcement and would not be available for trial.” The loss of DeForest as a witness led the state to dismiss the driving under the influence charge and negotiate down from the manslaughter charge.

While the state and victims are “not exactly happy with the resolution,” Doerge said the benefits of the joint recommendation of the parties is the finality of the case, reduced chances of appeal and certainty of the outcome.

“With the realities of the case, that’s where we are,” Doerge said.

Addressing the court, Tawnya Bachetti said she came to following the crash and realized her husband was dead. She almost died herself on the way to the hospital. She suffered abdominal and intestinal injuries that required multiple surgeries, broke all but one of her ribs and now lives with a fractured orbital.

She described Keith as a loving family man and community member, who adored his children and grandchildren.

“He was kind, loving and caring, and he wouldn’t hurt anyone,” she said. “Keith and I spent 30 years together, building our life, planning our future, and our future was cut short because of a choice, the bad decision this person made.”

She said Keith loved fishing, and would catch so many that he would donate them to the Grand Ronde food bank.

“I do believe people can get a second chance in life to do the right things, but with all that said, nothing will ever bring my husband back. … My heart has a hole in it,” she said. “You took a good man’s life. You caused pain, suffering and anguish to so many people because of your actions.”

Gruber’s attorney, John Koddell, told Judge Wiles his client is remorseful for what he’s done, acknowledging that probably means very little to the family.

“He has mentioned to me several times, ‘I don’t know how I’m going to live with myself for the rest of my life,’” Koddell said. “He doesn’t take this lightly.”

Gruber offered a similar statement when asked by Wiles if he had anything to say.

“I live with what I’ve done, and I wake up every morning, I look in the mirror and I do know who has been hurt,” Gruber said. “I’d rather it had been me in the Mustang that was gone, honestly, your honor.”

Given sentencing guidelines of the conviction, Wiles said he cannot order more than 18 months imprisonment, but could go less.

“There’s no compelling reason to go less,” Wiles said. “Really, the 18 months under the circumstances is a gift because it’s not Measure 11 like it would be if it was a manslaughter condition, it’s not 70 months like it would be.”

Gruber was also ordered to pay slightly more than $15,000 in restitution to the Michelsons. Doerge noted that restitution was not sought from the Bacchetti family, as that is expected to be addressed in civil court.

Correction: Deputy District Attorney Arild Doerge's name has been corrected from the original version of this story.