{"id":806,"date":"2023-02-27T14:42:04","date_gmt":"2023-02-27T15:42:04","guid":{"rendered":"https:\/\/wifamily.news\/?p=806"},"modified":"2023-02-27T16:02:40","modified_gmt":"2023-02-27T16:02:40","slug":"fond-du-lac-judge-orders-kauls-crime-lab-to-test-sample-after-delay-in-drunk-driving-homicide-case","status":"publish","type":"post","link":"https:\/\/wifamily.news\/?p=806","title":{"rendered":"Fond du Lac Judge Orders Kaul\u2019s Crime Lab to Test Sample After Delay in Drunk Driving Homicide Case"},"content":{"rendered":"

This post originally appeared at https:\/\/www.wisconsinrightnow.com\/brian-a-sippel\/<\/a><\/p>\n

A Fond du Lac County Judge has ordered the state Crime Lab to test a blood sample in a drunk driving homicide case after Josh Kaul\u2019s office did not even bother to assign the sample to an analyst for testing for more than a month, court documents obtained by Wisconsin Right Now show.<\/p>\n

The deceased victim was a 58-year-old Waukesha man, Mike Hoffman, whose wife, Julie, was also injured in the crash, according to a GoFundMe page to help their son.<\/a><\/p>\n

The court was acting on a request by Fond du Lac County District Attorney Eric Toney, who is prosecuting the case. During the state Attorney General\u2019s race last fall, Toney repeatedly criticized Kaul for crime lab delays more severe than his predecessors, which Toney said were imperiling public safety.<\/p>\n

\u201cI cannot recall having this same experience with a blood analysis for ethanol in a drunk driving case, especially in a homicide case. The blood test result is necessary evidence for the state to present our case and for the defendant to be aware of the results of this evidence,\u201d Toney wrote in a Feb. 23, 2023, letter to the judge.<\/p>\n

\u201cIt is unsettling to the State for the lab to have the evidence for over a month without an analyst having been assigned to begin the testing of the defendant\u2019s blood. This has the potential to delay this case and create uncertainty for the defendant as well as the victim\u2019s family.\u201d<\/p>\n

A GoFundMe page<\/a> was set up for the victim\u2019s son, who is a college student named Caleb Hoffman. \u201cOn the night of January 14th, Caleb received a call from a Fond du Lac County Sheriff, letting him know that his father Mike, and mother Julie, were in a terrible accident. Mike died immediately and Julie has been fighting for her life in the hospital,\u201d it reads. \u201cThis was all caused by a selfish drunk driver. Mike and Julie were coming home from helping their niece and nephew move. This senseless act has changed so many lives.\u201d<\/p>\n

\"COVID<\/p>\n

The case involves defendant Brian A. Sippel, 56, a repeat drunk driver from Oshkosh, who is accused of killing Hoffman in a multi-vehicle crash at the intersection of Highways 151 and 41. Circuit Judge Tricia L. Walker signed the order on Feb. 23, 2023, according to court documents obtained by Wisconsin Right Now. A jury trial has not been set in the case because the test is languishing in the crime lab, Toney\u2019s letter to the judge says.<\/p>\n

\u201cThe Court hereby orders the State of Wisconsin Crime Lab to test the blood sample(s) in this matter for ethanol and a drug panel and provide the ethanol test results to the State by March 8, 2023,\u201d the court order says.<\/p>\n

On Feb. 23, 2023, Toney<\/a> wrote the judge, \u201cToday I contacted the Madison Crime Lab to determine the status of the blood test in this homicide case. I was informed by the Crime Lab that they received the blood Sample on January 17, 2023, and as of today\u2019s date the Crime Lab informed me that the blood sample has not been assigned to an analyst for testing.\u201d<\/p>\n

\"COVID<\/p>\n

See Toney\u2019s letter here, State\u2019s Request to Order Crime Lab to Test Blood Sample \u2013 Sippel, Brian A; 2023CF000060; Sippel, Brian A_2697154_26<\/a><\/p>\n

According to Toney\u2019s letter, the Crime Lab \u201cinquired if a jury trial has been scheduled, leading me to believe an analyst may not be assigned until a trial date is set. As the Court is aware, a jury trial has not been set because we have not had the preliminary hearing, which is scheduled for March 9, 2023.\u201d<\/p>\n

From past experience, \u201cthe Crime Lab often waits until trial dates are set for the lab to begin processing evidence such as DNA, controlled substances, and blood panels,\u201d wrote Toney.<\/p>\n

Toney\u2019s letter asked the judge to:<\/p>\n

1) Order the Crime Lab to test the blood samples for ethanol and have those blood sample results submitted to the
\nstate by March 8, 2023. This will provide the State time to file an amended criminal complaint with those results.
\n2) I am also requesting the court defer any decision on the defendant\u2019s motion until the preliminary hearing date
\nof March 9, 2023.<\/p>\n

The criminal complaint shows that Sippel is charged with homicide by intoxicated use of a motor vehicle while having a prior intoxicant-related conviction or revocation.<\/p>\n

The incident caused the death of a person on January 14, 2023, in the Town of Fond du Lac, the complaint says. A second person was injured and the defendant was also accused of endangering the safety of others.<\/p>\n

\u201cOn Saturday January 14, 2023 Fond du Lac County Sheriff\u2019s Deputies were dispatched to the intersection of Highways 151 and 41 in Fond du Lac County, Wisconsin for a multi vehicle crash with injuries. Deputy Birkholz was the first to arrive on scene and observed on Highway 151 over Interstate 41 that a white vehicle had heavy rear end damage and was located in the grassy median as well as a black sedan in the middle of the intersection with disabling heavy read-end damage,\u201d the complaint says. \u201cDeputy Birkholz also observed a grey Ford F-150 pickup truck in the grassy area near the on-ramp to Interstate 41.\u201d<\/p>\n

According to the complaint, \u201cDeputy Birkholz observed several bystanders attempting to make contact with the driver and passenger of the black sedan. VICTIM 1, the male driver appeared unconscious, not breathing, and Deputy Birkolz was unable to obtain a pulse from the wrist or neck of VICTIM 1.\u201d<\/p>\n

\u201cDeputy Breister arrived to the scene and made contact with the defendant, Brian Sippel. The defendant was seated in the driver\u2019s seat of the Ford F-150 pickup truck. The defendant stated he was OK. Deputy Breister also made contact with the occupants of a Toyota SUV, another vehicle involved in the crash. The Toyota SUV was being driven by VICTIM 3, who advised that the truck came out of nowhere. VICTIM 4 stated she heard screeching prior to the crash and heard two bangs, which we believed was the truck rear-ending another vehicle and pushing that vehicle into their SUV.\u201d<\/p>\n

The complaint continued: \u201cDeputy Birkholz learned through the investigation that traffic was at standstill on Highway 151 over Interstate 41 near the traffic lights. The traffic light was green at the time but that traffic was backed up, overflowing into the intersections.<\/p>\n

The defendant, Brian Sippel, was operating a grey pickup truck and struck the back of the vehicle operated by Victim 1 with Victim as a passenger. This impact caused the Victim 1\u2019s vehicle to be pushed into the back of a white SUV with three occupants, VICTIM 3, VICTIM 4, and VICTIM 5.\u201d<\/p>\n

\u201cDeputy Olson detected the odor of intoxicants as he was following the defendant and Deputy Galligan and there were no other individuals around at that time.\u201d<\/p>\n

\u201cDeputy Olson attempted to gather information from the Defendant about the crash. The defendant stated he was finished with work around 6:30 p.m., which Deputy Olson knew was not correct because the crash occurred approximately 45 minutes prior to 6:30 p.m. leading Deputy Olson to believe the Defendant\u2019s perception of time was skewed. The defendant stated he had one blood mary in St. Cloud on his way home. The defendant did not recall which bar he was out but stated he arrived between 6:00 and 6:30 p.m.\u201d<\/p>\n

\u201cDeputy Olson noted that the defendant\u2019s speech was talkative but thick and slurred. Deputy Olson also observed the defendant\u2019s eyes to be bloodshot and watery. Deputy Olson also observed the defendant\u2019s lips to be dry and could hear what sounded like thick saliva, which Deputy Olson is aware to be common with individuals who have consumed intoxicants.\u201d<\/p>\n

\u201cDeputy Galligan became aware that the Defendant\u2019s Department of Transportation driving reflected two prior convictions, suspensions, or revocations, as counted under s. 343.307 (2)., which were for operating under the influence or prohibited alcohol concentration convictions from August 25, 2004 and May 17, 2016 which remain of record and unreversed.\u201d<\/p>\n

\u201cA search warrant was obtained for a sample of the defendant\u2019s blood and Deputy Galligan observed Lab Tech Kalen retrieve two samples of the defendant\u2019s blood. Those blood samples were then submitted to the lab for testing. A second search warrant was later executed to obtain the blood sample taken by the hospital for treatment purposes.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

This post originally appeared at https:\/\/www.wisconsinrightnow.com\/brian-a-sippel\/ A Fond du Lac County Judge has ordered the…<\/p>\n","protected":false},"author":20,"featured_media":808,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-806","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-wi-right-now"],"_links":{"self":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/806","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/users\/20"}],"replies":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=806"}],"version-history":[{"count":2,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/806\/revisions"}],"predecessor-version":[{"id":811,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/posts\/806\/revisions\/811"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=\/wp\/v2\/media\/808"}],"wp:attachment":[{"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=806"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=806"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wifamily.news\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=806"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}