BOISE -- A special prosecutor hired to handle the case against former Payette County Sheriff's Deputy Scott Sloan is asking the judge to dismiss the vehicular manslaughter charge against him.

The charge was filed after a crash on Oct. 18, 2011, in which Sloan's patrol car slammed into a Jeep driven by 65-year-old Barry Johnson of New Plymouth. Johnson was pulling into his driveway off Highway 30 around 5:30 p.m. when his vehicle was struck. The deputy was responding to a 911 call when the crash occurred. Johnson was thrown from his Jeep and died at the scene. Sloan was injured in the crash.

An Idaho State Police investigation revealed that Sloan was driving 115 miles per hour at the time of the crash. The posted speed limit on the highway is 55 mph.

Gem County Prosecutor Richard Linville sent out a statement to the media Friday saying there is a profound disagreement between the two investigations concerning the cause of the crash, the speed and manner in which Sloan was driving, and the importance of the fact that Johnson was under the influence of alcohol at the time of the crash.

Johnson's BAC was measured at .08, the legal limit in Idaho.

Linville also says he sees the case as more of a civil dispute rather than one where further criminal prosecution is warranted.

According to court records, there is a motion hearing set for March 22.

Sloan is scheduled to go on trial for the vehicular manslaughter charge on April 22.

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