Serious News
01-18-2014, 11:17 AM
Gibbs will not file charges in boat crash
1/17/2014 By Rod Stetzer | The Chippewa Herald
Criminal charges will not be brought in a July 22, 2011 crash that killed four people on the Chippewa River in Lake Hallie, Chippewa County District Attorney Steve Gibbs said Friday.
”While I believe there is sufficient evidence to charge this matter, there is not sufficient evidence to obtain a conviction in this case,” Gibbs said in a press release on why he is not filing charges against boat driver Robert Romanshek.
Gibbs said he understands Romanshek will plead no contest to a civil boating while intoxicated citation.
“I can not prove the elements of this case beyond a reasonable doubt, as the experts involved have determined that the deceased boat driver MAY have been considerably or equally at fault for the boat collision occurring on July 22, 2011,” Gibbs wrote.
While there is enough evidence to file a charge, Gibbs said there is not enough evidence to get a conviction.
He continued: “I believe there is ample reasonable doubt in this case, and that the evidence would not support a conviction if the case was brought to trial. An unsuccessful, time-consuming trial would negatively impact the victims in this matter and civil lawsuits have been commenced as a result of this accident.”
Gibbs added: “This tragic accident was caused by the speed of the watercraft involved, driving way too fast for the conditions, together with the operators using alcohol and drugs. This accident could have been prevented.”
Romanshek, 57, of Eau Claire, who drove a Prince Craft deck boat and survived the crash, had a blood test of .084. He also tested positive for Delta 9, an active ingredient in THC, which is the active ingredient in marijuana.
Mark Michels, 50, of Eau Claire, who drove a Larson runabout and died in the crash, had a blood-alcohol test of 0.127. He tested positive for lorazepam and hydrocodone.
Also killed in the crash were passengers on the Prince Craft: Luke Pohl, 25, of Elk River, Minn., Matthew Simonson, 28, of Brooklyn Park, Minn., and Matthew Overhulser, 28, of Eau Claire.
The bodies of Luke Pohl and Matthew Simonson were recovered July 24, 2011.
Blood-alcohol blood tests showed both drivers in the crash exceeded Wisconsin’s legal limit for driving of .08.
Gibbs said Overhulser tested with a blood-alcohol level of 0.02.
Luke Pohl tested positive for Delta 9 and had a blood test of 0.066. Simonson also tested positive for Delta 9 and had a blood test register at 0.128.
Injured on board the Prince Craft were Leo Pohl and Greg Voight, both of Minnesota. No blood tests were performed on them.
Carol Oller of Hayward was injured on the runabout. She admitted having two to three alcoholic drinks before the crash. No blood test was performed on her.
Gibbs’ decision had been pending for over a year.
He said he reviewed all of the evidence in the case, including blood tests, police and Department of Natural Resources reports, photos and accident reconstructions. He said he also met with several state and national boating experts before making a decision.
At a news conference in July 2012, Gibbs said speeding boats, alcohol and drugs contributed to the crash that happened at 9:44 p.m. on a Friday.
Gibbs said both boats — a Prince Craft deck boat carrying a driver and five passengers who were celebrating a wedding the next day, and a Larson boat with two people — were traveling in excess of 30 mph. Both boats had the throttle stuck open, according to Gibbs.
According to Gibbs, citing a state Department of Natural Resources reconstruction of the crash:
Romanshek’s boat was going downstream while the Michels boat was going upstream at the time of the crash.
The crash happened on the Chippewa River about 2.25 miles north of the Eau Claire County line, where the river is about 500 feet wide. The weather was clear and calm.
Gibbs said Romanshek turned left just prior to impact while Michels turned right.
Damage to the Larson boat showed evidence of being “heeled over” at the time of the crash. Heeling is a term used for a boat that is tipping sideways to some extent.
Where they were sitting
Here is where people involved in a July 2011 boat crash that killed four were sitting, according to a state Department of Natural Resources reconstruction of the crash:
Larson runabout: Mark Michels was the driver and Carol Oller was in the front passenger seat.
Prince Craft boat: Robert Romanshek was the driver. Luke Pohl was on the front lefthand (port) side of the boat. Matt Overhulser was on the front right (starboard) side. Leo Pohl was on the front right side, sitting behind Matt Overhulser. Matthew Simonson was in the left passenger seat, opposite of driver Robert Romanshek. And Gregory Voight was in a rear left side passenger seat, sitting behind Matt Simonson.
http://chippewa.com/news/local/gibbs-will-not-file-charges-in-boat-crash/article_d326e318-df25-56db-bf86-348e7f6e45cf.html
1/17/2014 By Rod Stetzer | The Chippewa Herald
Criminal charges will not be brought in a July 22, 2011 crash that killed four people on the Chippewa River in Lake Hallie, Chippewa County District Attorney Steve Gibbs said Friday.
”While I believe there is sufficient evidence to charge this matter, there is not sufficient evidence to obtain a conviction in this case,” Gibbs said in a press release on why he is not filing charges against boat driver Robert Romanshek.
Gibbs said he understands Romanshek will plead no contest to a civil boating while intoxicated citation.
“I can not prove the elements of this case beyond a reasonable doubt, as the experts involved have determined that the deceased boat driver MAY have been considerably or equally at fault for the boat collision occurring on July 22, 2011,” Gibbs wrote.
While there is enough evidence to file a charge, Gibbs said there is not enough evidence to get a conviction.
He continued: “I believe there is ample reasonable doubt in this case, and that the evidence would not support a conviction if the case was brought to trial. An unsuccessful, time-consuming trial would negatively impact the victims in this matter and civil lawsuits have been commenced as a result of this accident.”
Gibbs added: “This tragic accident was caused by the speed of the watercraft involved, driving way too fast for the conditions, together with the operators using alcohol and drugs. This accident could have been prevented.”
Romanshek, 57, of Eau Claire, who drove a Prince Craft deck boat and survived the crash, had a blood test of .084. He also tested positive for Delta 9, an active ingredient in THC, which is the active ingredient in marijuana.
Mark Michels, 50, of Eau Claire, who drove a Larson runabout and died in the crash, had a blood-alcohol test of 0.127. He tested positive for lorazepam and hydrocodone.
Also killed in the crash were passengers on the Prince Craft: Luke Pohl, 25, of Elk River, Minn., Matthew Simonson, 28, of Brooklyn Park, Minn., and Matthew Overhulser, 28, of Eau Claire.
The bodies of Luke Pohl and Matthew Simonson were recovered July 24, 2011.
Blood-alcohol blood tests showed both drivers in the crash exceeded Wisconsin’s legal limit for driving of .08.
Gibbs said Overhulser tested with a blood-alcohol level of 0.02.
Luke Pohl tested positive for Delta 9 and had a blood test of 0.066. Simonson also tested positive for Delta 9 and had a blood test register at 0.128.
Injured on board the Prince Craft were Leo Pohl and Greg Voight, both of Minnesota. No blood tests were performed on them.
Carol Oller of Hayward was injured on the runabout. She admitted having two to three alcoholic drinks before the crash. No blood test was performed on her.
Gibbs’ decision had been pending for over a year.
He said he reviewed all of the evidence in the case, including blood tests, police and Department of Natural Resources reports, photos and accident reconstructions. He said he also met with several state and national boating experts before making a decision.
At a news conference in July 2012, Gibbs said speeding boats, alcohol and drugs contributed to the crash that happened at 9:44 p.m. on a Friday.
Gibbs said both boats — a Prince Craft deck boat carrying a driver and five passengers who were celebrating a wedding the next day, and a Larson boat with two people — were traveling in excess of 30 mph. Both boats had the throttle stuck open, according to Gibbs.
According to Gibbs, citing a state Department of Natural Resources reconstruction of the crash:
Romanshek’s boat was going downstream while the Michels boat was going upstream at the time of the crash.
The crash happened on the Chippewa River about 2.25 miles north of the Eau Claire County line, where the river is about 500 feet wide. The weather was clear and calm.
Gibbs said Romanshek turned left just prior to impact while Michels turned right.
Damage to the Larson boat showed evidence of being “heeled over” at the time of the crash. Heeling is a term used for a boat that is tipping sideways to some extent.
Where they were sitting
Here is where people involved in a July 2011 boat crash that killed four were sitting, according to a state Department of Natural Resources reconstruction of the crash:
Larson runabout: Mark Michels was the driver and Carol Oller was in the front passenger seat.
Prince Craft boat: Robert Romanshek was the driver. Luke Pohl was on the front lefthand (port) side of the boat. Matt Overhulser was on the front right (starboard) side. Leo Pohl was on the front right side, sitting behind Matt Overhulser. Matthew Simonson was in the left passenger seat, opposite of driver Robert Romanshek. And Gregory Voight was in a rear left side passenger seat, sitting behind Matt Simonson.
http://chippewa.com/news/local/gibbs-will-not-file-charges-in-boat-crash/article_d326e318-df25-56db-bf86-348e7f6e45cf.html