Driver gets short sentence for killing Spokane Valley woman in drug-fueled crash

Brett Birge was in the middle of a raging drug blackout the day he got into at least four car accidents two summers ago as he sped recklessly through Spokane Valley.

On the afternoon of Aug. 7, 2013, Birge sideswiped cars three times and sped away. Then he smashed head-on into a car driven by 21-year-old Brittany Babinski as she headed home from work. She died from her injuries at a local hospital.

Birge recently was sentenced to 70 months in prison for vehicular homicide, well below the maximum sentence Babinski’s family and friends had wanted.

“It’s kind of like a slap in the face,” said her father, John Babinski. “It just seems wrong. You can kill someone and do five years and then get on with your life.”

The standard sentence for vehicular homicide is 78 to 102 months in prison. Court documents indicate that Birge, 45, was given a reduced sentence partly because his criminal history includes only one misdemeanor charge of assault from 2009. “Mr. Birge has accepted full responsibility for his actions and agrees that drug evaluation and treatment is necessary in this case,” the documents said.

The legal threshold for marijuana DUI in Washington is 0.05 nanograms of THC per milliliter. After the accident Birge’s blood showed 180 nanograms per milliliter. His blood also showed high levels of methamphetamine and two prescription drugs for anxiety that act as sedatives. Another drug in his blood, midazolam, usually is given to patients before surgery to make them sleepy.

Birge’s first accident of the day was in the Fred Meyer parking lot on East Sprague Avenue, where he sideswiped a car and drove away. He attempted to pass a car at high speed near Sullivan Road and Mission Avenue, just down the street, and hit that car’s side before again driving away. At Sullivan and Interstate 90, Birge ran a red light and hit a car turning onto Sullivan.

He was driving west on Trent Avenue near Sargent Road when he crossed the centerline and hit Babinski, forcing her car into a third vehicle. Birge sustained serious injuries to his head and legs.

John and Janelle Babinski and their two youngest children had left their recently sold home in Spokane Valley the day before and were on their way to a new home in Florida. They got the news about their daughter in Montana after they were pulled over by the Montana State Patrol. They immediately turned around and drove 17 hours back to Spokane Valley.

Brittany Babinski grew up in Spokane Valley with five brothers and one sister, graduating from West Valley High School in 2010. She was known to many as a dancer because of her years with the Highland Dancers and her high school dance team. Her height of 6 feet 4 inches sometimes made dancing difficult, but she was determined, her father said.

“She was just bubbly, very happy,” he said. “She would just light up a room.”

Babinski attended Central Washington University for a time but never found anything she was passionate about. She moved back home and got a job working as a mentor at the Northeast Youth Center. “She just loved working with kids,” her father said.

She had a boyfriend she was serious about and had even talked to her mother about marrying him, John Babinski said. “She was just happy where she was at,” he said.

After her death, her parents canceled their move to Florida and rented a house to replace the one they had just sold. John Babinski said they were kept in the dark about the case and didn’t even know until six months had passed that Birge had been high at the time of the accident. The family hired a lawyer.

“There were a lot of unanswered questions,” John Babinski said. “We wanted to get the best lawyers we could to put him away as long as possible.”

Birge pleaded guilty to a single charge of vehicular homicide, and three counts of hit-and-run were dropped. It was during his statement to the court that Birge said he was in a drug blackout for a week, John Babinski said. “He said he doesn’t remember anything,” he said.

Birge did say he was sorry in court, but Babinski’s father said the words sounded insincere. “I think he had to say it,” he said. “There was no remorse. It was like he was feeling sorry for himself.”

Babinski’s grandmother, Sharon Babinski, said she doesn’t think Birge is being held responsible for his actions. “We know he didn’t intend to kill her,” she said. “He still chose to take the drugs. He still chose to drive. The consequences should have been greater.”

John Babinski said the family accepted the plea deal on the advice of their attorney because it was guaranteed prison time. “No matter what the outcome is going to be, it’s never going to be enough,” he said.

He and his wife said they struggle daily with memories of their daughter that are both painful and pleasant. A certain song or a particular place will bring their emotions to the surface.

“I’m proud of her,” he said. “She lived her life.”