DUI repeater charged in school bus collision

PALMER -- A 38-year-old man who Alaska State Troopers say sped down Knik-Goose Bay Road at more than 100 mph before slamming into a school bus has been indicted for first degree assault and other crimes.

A Palmer grand jury brought the indictments against David L. Nelson on Dec. 23, 2003. In addition to first degree assault, he is charged with two counts of third degree assault, driving under the influence, driving with a suspended license, and reckless driving.

Nelson was formally charged in Superior Court on Dec. 26 and pleaded not guilty to the charges. Trial is tentatively set for March 1.

Charging documents allege he was driving a 1978 Mercury the afternoon of March 18 when he hit a First Student school bus as it turned off Knik-Goose Bay onto Outrigger Drive. Several citizens called troopers to alert them to a car driving on Knik-Goose Bay at speeds estimated at more than 100 mph just minutes before the collision, charging documents said.

Nelson and his wife, Karen Lynn Eaken, a passenger in the Mercury, both sustained serious injuries, according to an affidavit filed by trooper Robert Cox with information from investigating trooper Michael Zobel.

They suffered "broken bones (arms, leg) and lacerations to their faces," the affidavit said. "Eaken's injuries resulted in permanent loss of motion in both her left ankle and her right wrist."

She told troopers she had been a cashier but can no longer work because she can't stand for more than one or two hours. She also can't type or lift more than 15 or 20 pounds, according to the affidavit.

Both were treated at Valley Hospital.

A sample of Nelson's blood taken at the hospital tested positive for barbiturates, opiates and marijuana, charging documents said. Court records show he was convicted of DUI in 2000, 1998 and 1996.

Two of the 28 students in the school bus were hurt, troopers said. One had a head injury and the other a knee injury. Both were treated at Valley Hospital and released the same day.

Nelson's license was suspended in August 2001 with an indefinite reinstatement date. According to charging documents, he acknowledged his license was suspended but told troopers he wasn't driving at the time of the collision.

First degree assault is a class A felony punishable by up to 20 years in prison and a maximum fine of $250,000. Third degree assault, a class C felony, carries a possible five years in prison and $50,000 fine.