06/18/2026
Live! The Legal Case in the Death of a Pedestrian! Join us for the morning story, please! Brought to you by Red Rock Auto and 3-Amigos Southwest Grill
The tragic death of 23-year-old James William Dowd on June 13, 2026, following a crash on Highway 1804 east of Williston, highlights a complex overlap of criminal vehicular liability and potential municipal negligence.
Here’s what two prominent local attorneys think of the case, while the North Dakota Highway Patrol continues its active investigation:
The County's Defense: Williams County's legal counsel would argue that even if the jail was negligent in releasing Dowd while intoxicated, they could not have reasonably foreseen that a third-party driver (who was also under the influence and criminally distracted by his phone) would illegally strike him.
The Counter-Argument: The plaintiff’s estate could counter that releasing a highly intoxicated pedestrian on foot next to a highway in the dark means that some form of vehicular traffic strike was entirely foreseeable, meaning the driver’s distraction does not fully absolve the county of its initial negligence.
Criminal Charges Against the Driver
The driver of the 1993 GMC Sierra, 19-year-old TJ Boyer of Westby, Montana, faces severe criminal liability. Following Dowd's death at Trinity Hospital, the initial charges are subject to escalation by the State Attorney’s office:
Upgraded Homicide Charges: Boyer was initially booked on Criminal Vehicular Injury, DUI, and Minor in Possession. Because the victim succumbed to his injuries, the primary charge will typically be upgraded to Criminal Vehicular Homicide under North Dakota law, which is a Class A felony punishable by up to 20 years in prison.
The Impact of Distracted Driving: According to the attorneys we spoke with, the driver's admission to police that he was actively changing songs on his phone provides the state with definitive proof of criminal negligence and distracted driving. In North Dakota, combining chemical impairment (DUI) with erratic behavior or a complete lack of lookout (looking at a phone) solidifies the "proximate cause" required to secure a vehicular homicide conviction, even if a pedestrian was walking in the roadway.
Civil Liability and the "State-Created Danger" Doctrine
From a civil litigation standpoint, if James Dowd was released from the Williams County Jail while still profoundly intoxicated, his family may have grounds for a wrongful death lawsuit against the county or municipal jail facility under the State-Created Danger doctrine.
Duty of Care Upon Release: Jails generally have a duty not to release an individual into an environment where they face an immediate, foreseeable risk of severe harm due to a self-inflicted or known vulnerability (such as extreme intoxication).
Foreseeability of the Harm: If jail staff released Dowd on foot at approximately 3:00 a.m. onto a high-speed, poorly lit corridor like Highway 1804 without ensuring a sober transport (like a taxi, rideshare, or a responsible adult), plaintiff attorneys could argue the facility created or enhanced the danger that led to his death.
Editor’s Note: Mr. Dowd’s friends have created a gofundme page for Mr. Dowd’s family. We encourage you to visit that page and help in whatever way you can:
https://gofund.me/0bd82ba5a
