The misdemeanor manslaughter case against a former Santa Maria Public Airport District board member accused of causing a woman’s death has been referred to Veterans Treatment Court to determine his eligibility for the diversion program.

David Baskett’s case returned Tuesday to court, where Santa Maria Superior Court Judge Karen O’Neil also denied a defense motion to quash a subpoena from the prosecution seeking records from his business about the man’s certification for operating a forklift.

The criminal case stems from the crash that killed Tiffany Ann Peterson, 39, of Orcutt on the afternoon of May 2.

Peterson was a passenger in a small truck driven by her father on Skyway Drive when it struck the tines of the rented telehandler, or telescoping forklift, driven by Baskett, who was stopped on Hangar Street near the Santa Maria Public Airport.

Baskett, 81, has been charged with misdemeanor vehicular manslaughter without gross negligence in the case. 

Defense attorney Adrienne Harbottle filed a motion to quash after Deputy District Attorney Ryan Clausen subpoenaed Baskett’s business seeking “all records related to certification of David Ernest Baskett to operate a telehandler.”

Much larger than a traditional forklift used in a warehouse, a telehandler has forks attached to a boom arm. Baskett was driving after leaving the airport property to return the equipment to a rental company.

Harbottle argued that the subpoena sent to TTE International Inc. would violate Baskett’s Fifth Amendment right against self-incrimination since he is the sole proprietor.  

“Mr. Baskett is now in a position where he would be forced to possibly incriminate himself in violation of the U.S. Constitution on a matter where, even the court stated, the current charge is one of the most serious misdemeanor charges one can face,” Harbottle wrote in her motion.

In his written reply, Clausen disagreed, saying Harbottle doesn’t represent TTE and that a corporation has no Fifth Amendment right against self-incrimination. 

“Defendant is the president and sole shareholder of TTE International Inc. TTE International Inc. is a corporation, and defendant cannot claim a Fifth Amendment right against self-incrimination. Defendant must produce the request documents,” Clausen wrote.

The defense attorney also requested that the case be sent to the Veterans Treatment Court. However, the prosecuting attorney is expected to oppose it.

The judge ordered Baskett, who served in the U.S. Army, to show up at 11 a.m. Feb. 7 for consideration of whether the case is eligible for Veterans Treatment Court.

Designed to provide treatment and other services to those involved in a criminal case, Veterans Treatment Court also can help to dismiss a case, reduce felonies to misdemeanors, or avoid jail time.

The program, which started in 2011 in Santa Maria, began with a goal of helping military veterans struggling with addiction, serious mental illness and/or co-occurring disorders often linked to military service that landed them with criminal troubles, according to the court website. 

Baskett served on the Santa Maria Public Airport District board when the fatal crash occurred but lost his re-election bid Nov. 5.

He continues to serve on the Santa Maria Joint Union High School District Board of Education.