BV vehicular homicide trial delayed for 2nd time

The trial of a Rembrant man charged with vehicular homicide in connection with the death of his 10-year-old son has been delayed for a second time.

Matthew Wrather was to have gone to trial in Buena Vista County on December 8. After his attorney said that a trial at that time would be a "miscarriage of justice," it was rescheduled to January 26. Now, court officials have rescheduled trial for March 23, after Wrather's defense said that the case is a complex one with potentially lengthy penalties involved. They want more time to gain depositions from witnesses that have only recently been identified by the defense, his attorney says, arguing that not delaying the trial would violate Wrather's constitutional rights.

Wrather, 39, was charged with homicide by vehicle, serious injury by vehicle, and child endangerment, all felonies, after the July 26 head-on collision on Highway 71 south of the Highway 10 intersection that killed Wrather's son, Gavin, from Orange City, a passenger in Gavin's Cadillac, and injured the driver of the other vehicle, Anthony Borkovec, 44, of Ruthven. Both drivers were flown by air ambulance to Mercy Hospital in Sioux City.

Wrather's car reportedly veered across the center line and struck the approaching van driven by Borkovec.

Authorities say Wrather was driving while legally intoxicated, with a suspended driver's license and no liability insurance, and using a fraudulent registration. He reportedly did not have his son in a seatbealt.

Wrather was released on $26,000 bond.

Also at issue are several letters that had been sent to court officials from people who had urged full prosecution of Wrather, and accused him of destructive and inappropriate behavior.

Wrather's attorney sought to have the letters removed from his court file, saying they were "highly prejudicial."

In a hearing this month, a decision was rendered to place the letters in a separate file from Wrather's criminal case, where they will be held until a decision can be made on whether they will be admissable in court.