An Idaho father, Austin Summers, 31, has been charged with vehicular manslaughter and two counts of injury to a child following a November 25 crash on Interstate 84 that killed his eldest son, Graham, and injured his two younger sons. Authorities allege that Summers was using his phone for social media and online shopping in the moments leading up to the collision.
According to a probable cause affidavit, Summers was driving his GMC pickup truck at speeds between 73 and 75 mph in a 65 mph zone. He collided with the rear of a Ford F-450 that was traveling at approximately 7 mph due to a mechanical issue and had its hazard lights on. Graham, 7, was found deceased in the passenger seat, unrestrained by a seatbelt. The father's other two children, aged three and five, sustained injuries in the backseat. All three children were transported to a local hospital and survived.
The Canyon County coroner's report determined Graham died from multiple blunt force injuries. Investigators later obtained a search warrant for Summers' phone. Data from the phone indicated that between 2:45 p.m. and the time of the crash at 3:02 p.m., Summers sent and received numerous messages, scrolled through Instagram, used the Amazon app, and accessed photos. He also reportedly took a photo and video of a separate crash on the interstate shortly before his own collision. Evidence suggests an Instagram Story was being drafted with a partial message reading, "Avoid th [sic] freeway heading..." At 3:01 p.m., his phone showed he opened a photo, and at 3:02 p.m., the time of the collision, a text message was read, according to the affidavit.
During an initial interview at the hospital on November 26, Summers claimed he had no recollection of the incident. However, during a follow-up interview on December 1, he stated he remembered his children being "rambunctious" and then recalled pain and "screaming to save his son" after the crash.
Lab results from blood samples taken after the crash reportedly showed that Summers tested positive for cocaine and opiates. This led the Idaho Department of Health and Welfare to open a child protective investigation.
A crash reconstruction specialist with the Idaho State Police determined Summers' reckless driving, including cellphone use and failure to ensure passenger safety, was the primary cause of the collision. The Ford's significant reduction in speed due to a mechanical failure was identified as a secondary cause.
Court documents filed by the children's mother, Ashley Summers, allege that Austin Summers admitted to using cocaine the Saturday prior to the crash and acknowledged knowing Graham's seatbelt was unbuckled. In a court filing, Summers stated, "While I am devastated by the loss of my son, I take responsibility not in that I was impaired by any means, or that Graham unilaterally took his seatbelt off while I was driving on the freeway, but that I should have immediately pulled over and made sure he was properly buckled." Ashley Summers also reportedly provided authorities with a flash drive containing photos and videos of Summers with their children in vehicles without seatbelts, as well as text messages expressing her safety concerns.
Summers is currently being held at the Ada County Jail on a $500,000 bond. A hearing is scheduled for August 6 to potentially reduce the bond amount. Graham was remembered in an online fundraiser as an "amazing big brother" with a "silly spirit and infectious smile."