Driver gets 10 years for fleeing crash that killed Brown Deer pedestrians

March 26, 2012

A driver who struck and killed an elderly Brown Deer couple as they walked along a road in Mequon last year was sentenced Monday to 10 years in prison.

Daniel J. Fagan, 37, was charged in January 2011 with two counts of homicide by negligent operation of a vehicle and two counts of hit-and-run resulting in death for the Jan. 2 crash that killed Emiliya Krol, 69, and her husband, Leonid Krol, 72, as they walked in the 4700 block of W. County Line Road.

Last month, prosecutors agreed to drop the negligent homicide charges after Fagan pleaded guilty to the hit-and-run counts.

On Monday, Ozaukee County Circuit Judge Paul V. Malloy sentenced Fagan to two consecutive five year prison terms, and added 14 years of supervision after Fagan is released. Fagan, who also lived on County Line Road, is eligible for the earned release program after eight years in prison.

Fagan had been free on $50,000 bail until he entered the guilty pleas last month.

Ozaukee County District Attorney Adam Gerol had recommended 12 years in prison, followed by 13 years of extended supervision. A presentence report suggested eight years. The maximum penalty was 30 years.

Gerol said there was no evidence suggesting Fagan - who had a history of drunken driving - was impaired when he struck the Krols, and that poor lighting, a bad curve and the lack of a shoulder on the road all probably contributed to the wreck.

Malloy even noted that if Fagan hadn't left the scene, he might have only gotten a ticket.

Fagan's attorney contacted Mequon police about a day a half later to say he'd been involved, just as investigators were closing in on him as a suspect based on parts of his black 2001 Chevy Blazer recovered at the crash scene.

Fagan told police he did stop after striking the couple, but saw no signs of life in either of them, and then panicked. The couple died instantly, Gerol said.

Michael Penkwitz, Fagan's attorney, said his client has been remorseful, and told Malloy he still doesn't understand or know why he left the scene.

"No doubt - the statute's there for a reason," Penkwitz said. "If you leave, it's all over."

Community Watch

» Initial Reaction Podcast: Menomonee Falls baseball virtuoso Ty Weber and Big Ten Media Day Updated:  7/29

» 12-year-old Shorewood journalist gets her scoop at the Republican National Convention 7/28

» Whitefish Bay woman takes home grand prize at the Hottest Kitchen Entrepreneur Challenge Updated:  7/27

» Backups of more than 3 miles reported on northbound I-43 at Good Hope 7/27

» 92-year-old Shorewood building will be torn down to make way for North Shore Bank building Updated:  7/27

» Former legislator competing against political organizer for his old Assembly seat 7/27

» Whitefish Bay family's treehouse is a work of art 7/27

» Nicolet High School hires David Coyle as associate principal 7/27

» Shorewood baseball team fought back late in season 7/27

» Lund is new Nicolet girls basketball coach 7/27

» Nicolet baseball team improved despite its youth 7/27

» Kasmarick adjusting to life as Whitefish Bay athletic director 7/27

» Social media story on the storms rolling through Milwaukee area 7/21

» Milwaukee's first surf shop rides into Shorewood Updated:  7/21

» Rock climbing wall, trampolines might come to Brown Deer business park Updated:  7/20

» Whitefish Bay baseball team ends Shorewood magic with regional win 7/20

» Nicolet baseball team goes down fighting in regional loss to Kewaskum 7/20

» Whitefish Bay's Rybakowicz shuts out Brown Deer in regional semi 7/20

» Initial Reaction Podcast: Wisconsin Badgers football, WIFCA All-Star game 7/20

» West Bend West's Burns beats Whitefish Bay baseball team on mound, at plate in sectional 7/20

» Maslowski oversaw creation of nine tax incremental financing districts 7/19

» Maslowski transformed Glendale in impactful career as city administrator 7/19

» Development is off the table in Wilson Drive discussions 7/19

» Debbie Roesner appointed to Fox Point-Bayside School Board 7/19

» Bublr makes push for extra bike rental stations in Shorewood 7/18

View All Posts Got a tip? Welcome rss

Best Summer Ever

 

We've made it easy for you to get out and go this summer. From hitting the trails for a bike ride or walk, to where to find beer gardens in the area, to the best places to swim in Waukesha County to the best summer drinks and summer reads, check out our 2016 summer guide.

Advertisement

Advertisement

CONNECT    

Advertisement

Most Popular