Swain Sentenced in Death of Magic Valley Man



By Jay Michaels

Today a Custer County woman was sentenced in the death of a Magic Valley man last summer.

On July 23rd last year Heather Swain, 33, was driving from Twin Falls back to her home in Challis when she neared the intersection of Highway 93 and 200 South Road – southeast of Jerome.

Police say Swain's Chevy Trailblazer struck the Buick Regal that 65 Frank Orth Jr. of Wendell was riding in, pushing it into the southbound lane of Highway 93, where it was struck by a Dodge Neon driven by Robert Taylor of Jerome.

Taylor sustained serious injuries and still faces additional operations.

Frank Orth was declared dead at the scene. Swain was charged with misdemeanor vehicular manslaughter. Today Swain pled guilty to one count of reckless driving. The reduced charge was requested by Orth's family.

Defendant Heather Swain said, “And I know that what I am going through is nothing compared to what you have had to go through as losing Mr. Orth. I am very, very sorry for that. And if Mr. Taylor was here, would you please tell him that I'm very sorry for his outcome as well.”

Swain will pay a $1,000 fine, complete 100 hours of community service, and serve one year of supervised probation, along with five days on the sheriff's work program.

Attorneys have one month to finalize any additional restitution.

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