Yellowstone County prosecutors are asking the state Supreme Court to reverse a judge's order dismissing a charge against a Billings man accused of causing a fatal motorcycle crash.

Prosecutors have a filed a petition for a writ of supervisory control in the case of Christopher Eugene Steglich, who is facing felony counts of vehicular homicide and failing to remain at the scene of an accident for the death of Mary Donette Ryan last May 19.

Deputy Prosecutor Rod Souza said the state Attorney General's Office is also preparing to file a standard appeal of the order issued by District Judge Susan Watters, which dismissed the second charge against Steglich.

The effort to move the case to the state's highest court will likely delay Steglich's trial, which is set to begin in District Court on July 13, although that decision will be made at a status hearing which has yet to be scheduled, Souza said.

At issue is a ruling by Watters that found unconstitutionally vague the state law regarding the charge of failing to remain at the scene of an accident. The judge said the law does not give "fair notice" that the act is illegal. The judge also said the law is too vague in regard to Steglich's case, and that the law is not clear enough to avoid "arbitrary and discriminatory" enforcement.

Prosecutors allege that Steglich, 34, was driving a motorcycle at about 2 a.m. when he wrecked on Sugar Avenue. Ryan, 33, was a passenger on the bike. Steglich was intoxicated on alcohol and drugs, prosecutors allege. After the crash, Steglich walked away, passing several houses until he reached his house about a mile away.

Court records state that Steglich asked two friends to go to get Ryan, and then he put his bloody clothes in a washing machine and took a shower. The friends eventually found Ryan on the bank of a ditch near the intersection of Sugar and Garden avenues and used a neighbor's phone to call 911. She was declared dead at the scene.

Steglich is accused of waiting 20 hours before contacting police about the crash, despite a massive search for him. He allegedly told police that Ryan was "gurgling and still alive" when he left her, court records state.

In the hours before the crash, Steglich allegedly drank a Long Island iced tea, rum and Coke, beer and tequila.

He also is accused of smoking methamphetamine.

Prosecutors argue in the petition for a writ to the Supreme Court that the order dismissing the charge is a "mistake of law that involves issues of statewide importance." If the Supreme Court does not act, the writ states, the order can be used in similar pending cases as precedent.

An attorney in the Office of the State Public Defender has filed a response, arguing that the ruling by Watters is correct. The writ is not necessary, the response states, because prosecutors can appeal the case after trial.

The Supreme Court has yet to announce whether it will review the case on the writ, which is usually considered necessary only in extraordinary cases. If that happens, the case will be scheduled for further briefing before a decision is issued. The high court could also deny the petition for a writ.

If the state Attorney General's Office files a standard appeal, the District Court loses jurisdiction in the case and Steglich's trial will have to be rescheduled.

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