Manslaughter charge dropped in deadly Halloween crash

PORTLAND, Ore. (KOIN) – The 21-year-old man who police say was involved in a crash that killed a man out celebrating his birthday was released from jail after prosecutors dropped the manslaughter charge against him.

Matthew Tyler Freeman was cited by the Portland Police Bureau Traffic Division for “violating the basic speed rule.” Court records show the citation was issued Nov. 24. Freeman pled no contest to the violation and paid a $130 fine.

On Thursday, Freeman appeared in court and plead guilty to one count of driving under the influence of intoxicant.

The investigation started Sunday Nov. 1, at 1:01 a.m. when officers responded to responded to the intersection of North Lombard Street and Peninsular Avenue on the report of a single vehicle crash into a power pole.

Nicholas Glenn Horsey, 27, was found deceased and lying in the westbound lanes of the intersection.

Witnesses told police that Freeman was driving at a high rate of speed westbound on Lombard prior to striking the victim and crashing.

The night of the crash, Freeman was booked into the Multnomah County Detention Center on charges of second-degree manslaughter, criminally negligent homicide, recklessly endangering another person, reckless driving and DUII.

All of the charges against Freeman have been dismissed, except for the DUII.

While Freeman was in custody, officers assigned to the PPB Traffic Investigations Unit obtained new evidence that resulted in the charges being dismissed and the citation issued.

Deputy district attorney Annie Shoen said officers obtained video that shows Horsey either steeped or stumbled into the road as Freeman drove by.

The district attorney’s office said the decision to resolve the case by way of a negotiated plea agreement was made because they could not prove the homicide charge.

During the initial investigation, Freeman consented to a blood draw. Shoen said the blood draw revealed Freeman’s BAC was .079 to .083. Horsey, officials said, was intoxicated at the time of the crash.

According to Freeman’s defense attorney, Jonathan Sarre, no one really knows why Horsey stepped off the curb.

“This was a tragic accident,” Sarre said. “He (Freeman) didn’t have time to react.”