Duluth Man Pleads Guilty to Vehicular Homicide

David Smithson pleads guilty to the death of Brian Respler

David Smithson, 27, of Duluth pleaded guilty to criminal vehicular homicide, Monday for driving under the influence of a controlled substance when his vehicle struck and killed Brian Respler on December 19.

Respler, 37, of Duluth, was reportedly seen walking on a sidewalk on the 6200 block of Grand Avenue about 4:15 p.m., when Smithson’s vehicle left the street and struck Respler, who died at the scene.

The defendant told the court on Monday that he fell asleep at the wheel. He also told Duluth police that he had used heroin the day before the accident. He said he had been awake a couple of days and fell asleep at the wheel because of his drug problem.

Tests conducted by the Bureau of Criminal Apprehension crime lab revealed that the defendant had morphine, amphetamine, methamphetamine, tetrahydrocannabinol (THC) in his system at the time of the accident. The defendant testified that he agreed with the BCA’s report.

His sentencing is scheduled for September 12, where St. Louis County prosecutor Vicky Wanta will argue for a guideline prison sentence.

A pre-sentence investigation of Smithson’s background is to be conducted by Arrowhead Regional Corrections, ordered by Judge Mark Munger.