A Montana judge has set Nov. 13 as the trial date for a Casper man charged in the negligent homicide death of K2 Radio morning show host Brian Scott Gamroth in a motorcycle crash in September.

Judge Jon Oldenburg also set other deadlines about exhibits and witnesses preceding the five-day trial of William Michael Spicer during an omnibus hearing Monday.

The minutes of the hearing were filed with the Judith Basin County Court, Mont., on Thursday. That court is in Montana's 10th District Court.

The attorneys have not decided whether Spicer's trial will be a jury trial or a bench trial.

If the defense wants a bench trial, it must notify the court by Oct. 2. The defense also has moved for the right to request a dismissal of the case.

On March 13, Spicer made his initial appearance, was arraigned, and pleaded not guilty to the negligent homicide count and a misdemeanor count of daytime speeding.

Under Montana law, conviction of negligent homicide is punishable by up to 20 years of imprisonment, a fine of up to $50,000 or both. Conviction of daytime speeding in excess of 20 mph shall be punished by a fine of $120, according to court documents.

Oldenburg released Spicer on his own recognizance. He limited Spicer's travel to within Wyoming except for travel to court appearances in Stanford, Mont., the county seat of Judith Basin County.

The accident happened on Sept. 18, when vehicles and motorcycles were traveling east on U.S. Highway 87 in Judith Basin County, according to court records. Gamroth pulled out to pass some of the vehicles and safely pulled back into the line of traffic.

Spicer followed. Witnesses said they were driving at the 70 mph speed limit, and Spicer was traveling at least 90 mph, according to court records. "Multiple witnesses reported they considered Defendant's driving and his passing of vehicles to be a 'bad pass.'"

Spicer pulled back into the line of traffic, and his motorcycle hit Gamroth's motorcycle. Gamroth's motorcycle went into a ditch. He struck a wooden post and was pronounced dead at the scene.


The Gamroth family issued this statement on this latest development through their attorney Rich Jamieson:

"The family of Brian Scott has just learned that another step has occurred in relation to the legal action taken by the Judith Basin County Attorney’s office. This is a standard order issued in every criminal case and is called an Omnibus Scheduling Order. Again, these are standard Orders by the Court to ensure that various Court deadlines are followed and that each side has their respective ability to respond. As emotional as this is for all, we again offer that speculation does nothing to help anyone involved. The family is not in a position to speak for the Judith Basin County Attorney’s office and continue to ask that their privacy be respected."