The first day of the retrial of State of Alaska v. Dustin Ruckman began with an evidentiary hearing at Anchorage’s Nesbett Courthouse Monday, where the lead investigating officer told the court she recently found new photos and videos on her personal phone, introducing new evidence in the years-long case.
Ruckman’s first trial on two counts of criminally negligent homicide – for his alleged role in causing the deaths of two teenage girls when his truck plummeted down Unalaska’s Mount Ballyhoo – ended in a mistrial earlier this year, after the jury failed to reach a consensus. A judge moved the court proceedings to Anchorage because of a lack of impartial jurors in the small southwest Alaska community.
The crash killed 16-year-old Karly McDonald and 18-year-old Kiara Renteria Haist
With at least two of the victims’ parents in court Monday, former Unalaska police officer Theresa Ah-Siu testified that she discovered additional photos and videos connected to the investigation on her personal cellphone — a violation of Unalaska Public Safety policy, which prohibits using personal devices for evidence.
Ah-Siu said she found the recordings after the first trial ended earlier this year.
Ah-Siu said the photos were taken after she drove the parents of one of the victims up the mountain where the crash occurred in her personal vehicle. She said she gave them a ride because the gate to the top of Mount Ballyhoo was locked and she was the only one with a key.
Ah-Siu told the court that it’s very common for officers to escort people in Unalaska. When pressed by Ruckman’s attorney why another officer had not escorted the parents, Ah-Siu explained the department was “very short staffed.”
Superior Court Judge Thomas Matthews ordered the photos be entered into evidence but said there were still questions regarding how much other information from Ah-Siu’s phone could be used in the trial. A decision is expected Wednesday when court reconvenes.
KUCB’s Maggie Nelson contributed reporting.