Kevin Olmsted never had his day in court.

After his arrest in Eagle Butte last September, Olmsted, 47, was scheduled to go on trial Wednesday in Dewey County for possession of a controlled substance.

Instead, the Menahga, Minn., man was killed in a one-car accident Tuesday afternoon east of Newell. Lynn Schminkey, 44, of Hugo, Minn., also died in the rollover, which happened about 4:45 p.m. on U.S. Highway 212.

Wednesday morning, 4th Circuit Judge Jerome Eckrich, defense attorney Vickie Broz and Dewey County State's Attorney Steve Aberle waited at the Dewey County Courthouse for Olmsted to arrive for a pre-trial conference.

"We were expecting him at 8:30," Broz said, adding that Olmsted had also missed a Tuesday evening appointment with her. Her last contact with him was by telephone about 2 p.m. Tuesday. "You try to think of all sorts of reasons why somebody's not showing up, but it's usually not that."

"It's just hard to believe."

About 60 prospective jurors and a class of Isabel High School government students were also waiting at the courthouse Wednesday morning when Kathy Nelson, editor and publisher of the Timber Lake Topic, broke the news of Olmsted's death.

Nelson checked her e-mail Tuesday morning and found a news release about the accident from the South Dakota Highway Patrol. Recognizing Olmsted's name, she went to the courthouse.

"They were all over there waiting for him to come," Nelson said.

Judge Eckrich later told jurors what had happened, then released them and dismissed the case.

Criminal jury trials are rare in Dewey County. Nelson can only remember a few in the past 25 years.

Olmsted, who was operating a lemonade stand at the Eagle Butte fair over Labor Day weekend, was charged with possession of a controlled substance after law enforcement officers, acting on a tip, found cocaine residue in a vial in Olmsted's vehicle. If convicted he could have faced up to 10 years in prison.

Aberle said a co-worker of Olmsted's named Dawn Brown was arrested and charged with possession of less than two ounces of marijuana. She has since disappeared and has a warrant for her arrest.

Broz, who was appointed by the court to represent Olmsted, didn't know much about her client, who returned to Minnesota after his arrest.

"He was really looking forward to his day in court, I think," she said.

"You just feel bad about it," Aberle said. He said Olmsted should be allowed to rest in peace.

"As far as I'm concerned, the charges are dismissed, it's done," he said. "You would never wish that on anyone."

According to a news release from the South Dakota Highway Patrol, Olmsted and Schminkey were traveling east in a 2000 Nissan Exterra when the vehicle drifted off the roadway. The driver overcorrected and the vehicle rolled, ejecting Olmsted and Schminkey. Neither was wearing a seat belt.

Investigators don't know yet who was driving, according to the news release. Speed does not appear to have been a factor but the accident remains under investigation.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com