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Articles
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| Charge Against Peontke Dismissed |
Driver pleads guilty to traffic citations in deputy’s death
BY HEATHER SCHAEFER
REGIONAL EDITOR
Prosecutors have dismissed all criminal charges against a Lac du Flambeau man involved in a traffic accident that took the life of Vilas County Sheriff’s Deputy Kory Dahlvig.
During a hearing in Vilas County Circuit Court Tuesday, Assistant Attorney General Tara Jenswold-Schipper announced the state has concluded it cannot prove that James E. Peontke, 49, committed the crime of homicide by intoxicated use of a motor vehicle, or any other vehicular homicide charge, beyond a reasonable doubt.
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For that reason, Jenswold-Schipper said the state has decided to dismiss the criminal charge.
Instead, Peontke entered guilty pleas to three traffic citations including operating while intoxicated (first offense), reckless driving, and operating with defective tail lamps. He was fined a total of $1,669 and had his license to operate suspended for six months. Peontke was also ordered to undergo an alcohol and other drug abuse (AODA) assessment and follow through with treatment.
According to a nine-page report prepared by the state explaining the reasons for dismissing the criminal charges, Dahlvig was operating at 101 miles per hour when his squad car struck Peontke’s pickup truck from behind.
The accident happened at approximately 8:38 p.m. April 25 on Highway 47 in the town of Lac du Flambeau. Dahlvig, 29, was killed instantly. Peontke, who was crossing the highway with a load of manure, received minor injuries.
According to the report, Dahlvig was enroute to assist fellow officers handling a disturbance at Leech Beach in Lac du Flambeau.
He was responding at the direction of his supervisor. Lt. Jeff Schaub.
According to the report, Schaub had radio communications from officers at Leech Beach that indicated there were several people on scene, including an individual with outstanding arrest warrants. Because Leech Beach is an area that is known to law enforcement as a volatile gathering place, Schaub directed Dahlvig to respond and assist.
“While Deputy Dahlvig was officially responding to a call when the crash occurred, he was exceeding the speed limit and did not have his emergency lights and siren activated as required by Vilas County Sheriff’s Department policy and state law,” the report states.
According to crash data retrieved from Dahlvig’s airbag control module, his speed two seconds prior to impact was 101 miles per hour, there was no attempt at braking and no change in the throttle position.
An autopsy concluded Dahlvig did not have any alcohol or drugs in his system.
Peontke’s blood alcohol level was .167 and, according to the report, he was operating a vehicle not fit for the roadway. It was unregistered, had inoperable lights and a “compromised alternator.” There is also evidence, according to the report, Peontke did not look before entering his lane of travel.
A defense to the charge of homicide by intoxicated use of a motor vehicle is that the death would have occurred even if the defendant (Peontke) had not been under the influence of alcohol and had been exercising proper care.
It is this defense, Jenswold-Schipper said, the state does not believe it could overcome.
“The available evidence indicates that Mr. Peontke was operating a truck that was not equipped to operate at night, or anytime on a highway, and that he did so while intoxicated. However, other evidence, including the amount of time Mr. Peontke was actually operating his truck on the highway, and the speed of Deputy Dahlvig’s squad, suggests either that Mr. Peontke’s conduct was not a substantial cause of Deputy Dahlvig’s death, or that the statutory affirmative defense exists,” the report states.
In court Tuesday, Jenswold-Schipper took pains to clarify that the circumstances surrounding Dahlvig’s death should not overshadow his legacy as a dedicated law enforcement officer.
“By any measure, the death of Deputy Kory Dahlvig was a tragedy,” she said. “He was a dedicated law enforcement officer who was respected and well liked. He died in the line of duty while attempting to provide assistance to fellow law enforcement officers. The risk of death or injury due to traffic crashes exists every day for law enforcement officers. The fact that officers willingly expose themselves to such risk on a daily basis to protect the public should not be lost on us. Deputy Dahlvig is survived by a wife, parents, a sister, friends and fellow law enforcement officers. His untimely death has greatly impacted his family, friends, the Vilas County Sheriff’s Department and the community. Deputy Dahlvig’s life and accomplishments should not be overshadowed by the facts surrounding the crash or the decision not to pursue criminal charges.”
Judge Jill Falstad also noted Dahlvig’s service to the community.
“The court recognizes the service of Deputy Dahlvig and the good job he did for the community,” she said.
Jenswold-Schipper also said the decision not to pursue criminal charges does not excuse Peontke’s conduct the night of the crash.
“This crash illustrates that even an extremely brief period of impaired driving, in this case crossing the road, can have devastating consequences.” she said.
Peontke did not speak during the hearing, although he was asked if he would like to make a statement. The Dahlvig family was also present but made no statements during the hearing.
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Posted on Jun 16, 2010 18:56pm by admin
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Copyright 2010, LCoTimes.com
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