TOQUERVILLE – The driver of a vehicle that went off the roadway near Toquerville Falls into a 100-foot ravine sometime Sunday night, leaving one woman dead, has been arrested Wednesday on an array of charges as a result of the collision.
Mark James Wyler, 21, of St. George, is facing two class A misdemeanor charges of negligent homicide and driving under the influence, two class B misdemeanors for an out-of-state warrant and driving on a suspended driver’s license, and a class C misdemeanor for improper lane travel, according to booking information.
Emergency responders were dispatched to the area of Spring Drive, a dirt road between state Route 17 and Toquerville Falls recreation area, after a call for help came in sometime after 6 a.m. Monday, according to the Washington County Sheriff’s Office.
Wyler called 911 to report he had rolled his black Chevrolet Blazer and that his girlfriend might be deceased, the Sheriff’s Office said.
The vehicle went off a cliff about 200 feet from the road and about 100 feet down in rugged terrain.
When deputies arrived, they found that 20-year-old Cierra Perez, of Santa Clara, had died from injuries sustained in the crash. Search and Rescue volunteers assisted in recovering her body from the bottom of the ravine.
Wyler was transported to Dixie Regional Medical Center in St. George with injuries that were not life-threatening.
Investigators said they do not believe Wyler and Perez were wearing seat belts.
According to Utah Court documents, Wyler was convicted of driving on a suspended driver’s license in May 2013, reckless driving and driving on a suspended license in March 2014, and minor consumption of alcohol in July 2014.
UPDATE: The Washington County Attorney’s Office chose Thursday to pursue different charges. Those charges include a third-degree felony for automobile homicide, a class B misdemeanor for driving on a revoked driver’s license, and an infraction for improper lane usage.
Judge Eric A. Ludlow, of the 5th District Court, ordered $5,000 bail for Wyler’s release pending trial.
Wyler was found indigent by the court during his initial court appearance Thursday and will be represented by court-appointed attorney Michael Lastowski. He is scheduled to make his next court appearance on Jun 15.
READ MORE: Details released in fatal Toquerville rollover; driver charged with automobile homicide
This report includes preliminary information provided by law enforcement or other emergency responders and may not contain the full scope of findings.
Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.
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Negligent homicide is a misdemeanor? I’ve never heard of such a thing.
Cooking babies in cars is just a mistake in Hurricane, but jaywalking is a crime.
Priorities, my friend!
lock him up!!!
He was out of his normal routine, he had a memory lapse, he has suffered enough. #fundraiser….what???? He’s not a member of the ward?
Sadly, this is Toquerville…
Now had this taken place in Hurricane he would already be done with questioning, his GOFUNDME acct would have already hit $20k, and his front yard would have already been remodeled for him.
I think only dumb blondes are allowed to use the ‘out of normal routine’ excuse- I mean defense.
….it was a mistake, it was an accident, he has suffered enough…..does that only work for an LDS member when a baby is forgot in a hot car and dies?
Wait . . . ” misdemeanor charges of negligent homicide ” ?
Seriously ? misdemeanor and homicide in the same sentence ?
Is that a typo or a Utah thing ?
It translates into “yes he killed someone so we have to charge him, BUT but he must have good connections (relative high in the mormon church, law enforcement, city official, etc…) so let’s give him a light charge so it doesnt tarnish the family name (non-felony).
More likely a bad journalism thing.
So the girlfriend is killed, he has a memory lapse and doesn’t call 911 until the next day, and he was drunk or high while driving? Yep. Sounds like a misdemeanor. #fundraiser
I seen a lot of mormons who killed people with their cars and never get charged with anything. It’s a blatant double standard around these parts. It’s all about who you know and affiliate with– LDS membership often times a get-out-of-jail-free card
I’m also wondering why he is hit with a reckless driving charge. Most people in this area that leave the road and smash into things are only cited for “failure to stay in lane”.
I mean, seriously- how many people drive off the road in this town and smash stuff up, only to get a ‘citation’ for failure to stay in their lane? Yet this poor guy gets ‘reckless driving’?
It’s the same as roasting an infant in a car and getting $30,000 for it. It defies logic…
not to say this low life shouldn’t be locked up for good tho…
https://www.utcourts.gov/howto/criminallaw/penalties.asp. This site explains class a misdemeanor and actually specifies DUI with injuries. I still can’t believe it but it does. He should however be charged with manslaughter, class b felony. The law defines manslaughter as the killing of a human being as a result of a criminal act. Utah law baffles me.
According to the SLTribune, he was charged with “automobile homicide” which is a felony. Maybe the SGN isn’t up on the real story.
Here’s the booking information for Mr. Wyler from the SGN Arrest page. The newspaper should issue a correction about the charge for negligent homicide. It is NOT a misdemeanor, but without the correction anyone reading the story will be misled. Be responsible journalists, SGN.
HOMICIDE-NEGLIGENT AM
Crime Classification: 3F
Statute: 76-5-206
Court: 5th DIST COURT – ST GEORGE
Below is our report, anybody home, explaining the progression from arrest charges to charges brought by the prosecutor. It is not uncommon to see a change like that as the county attorney evaluates and determines what counts his office will prosecute.
http://www.stgeorgeutah.com/news/archive/2015/06/12/kss-details-released-in-fatal-toquerville-rollover-driver-charged-with-automobile-homicide/#.VXyGxxNVhBc
I hope that helps.
ST. GEORGE NEWS
Joyce Kuzmanic
Editor in Chief