Douglas Eugene Landis, 65, Dagmar, Montana, is appealing his negligent homicide convictions to the North Dakota Supreme Court.

A defense attorney for Landis argues that Judge Richard Hagar should have granted his motion for acquittal during the jury trial held in August after a witness testified to poor road conditions that day. According to the North Dakota Highway Patrol, Landis was driving a semi truck east on the business loop near New Town and lost control on the snow-covered road as he was negotiating a curve on Oct. 5, 2018. The semi crossed the center line and struck the westbound pickup driven by David Wilcox, 28, of Tempe, Arizona, head on. Wilcox and his passenger, Taylor Denny, 22, of Phoenix, Arizona, were killed; Landis was not injured.

On the day of the crash, there was sleet and snow and the road was slick and there was no traction for stopping. The defense argues that Landis’s semi hit a patch of ice and he was unable to stop. Another truck driver who came along and assisted Landis after the accident had testified that he also had trouble stopping and his semi fishtailed and slid roughly 100 feet on the ice even though he was going about 40 mph. The accident also occurred while it was still dark before the sun had come up. According to the defense, no testimony was offered proving that Landis had been a negligent driver and he should have been acquitted.

Mountrail County State’s Attorney Wade Enget said in a written argument that the verdict should stand and noted that Landis had been driving or working for 24 of the 28 hours prior to the accident and driver fatigue could have contributed to the crash and Landis crossed the center line and struck the vehicle driven by Wilcox and killed Wilcox and Denny.

Oral arguments in the case are scheduled for April 8 before the supreme court.

Landis is serving an 18 month sentence at the state penitentiary for two counts of Class C felony negligent homicide.