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Man moves to have blood test tossed in fatal car crash



Consolo
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Consolo
December 03, 2013 | 11:08 AM
ELKHORN — A Woodstock man accused of killing a passenger while driving drunk filed a motion to suppress his blood sample because of what he is calling a “defective search warrant.”

Daniel P. Consolo, 24, has been charged with homicide by intoxicated use of a vehicle and homicide with a prohibited alcohol content.

On June 15 at about 7:46 a.m., Consolo was allegedly driving a Jeep, which crashed into a tree off of Cobblestone Road in the town of Walworth. As a result of the crash, a passenger, Kevin D. Green of Fontana, died.

After the crash, Consolo was transported to Mercy Walworth Hospital and Medical Center for treatment. At the hospital, Sheriff’s Sgt. Tim Otterbacher reported that he could smell alcohol on Consolo. Emergency personnel who treated Consolo also reported smelling alcohol on him, according to Otterbacher’s report.

At the hospital Otterbacher asked Consolo if he would give him consent for a blood draw. Consolo denied his request.

Otterbacher prepared a blood search warrant, which was later signed by Judge David Reddy.

Consolo’s attorney, Patrick Cafferty, calls the warrant defective because it wasn’t notarized.

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“Based on the fact that the notary portion remains blank, it is unclear as to whether this statement was sworn,”

The motion hearing is set for Jan. 21 at 10 a.m.

Consolo plead not guilty to the charges Aug. 1, but it appeared he was considering changing his plea in October.

In an Oct. 16 email, Cafferty requested that the court push back the date of a status hearing.

“It is a big case and not very old,” Cafferty wrote. “We would prefer to proceed this way because we believe it is headed toward resolution, but it’s not quite there yet.”

The status hearing was pushed back until Nov. 22, which is when Cafferty filed the motions to suppress the evidence obtained from the search warrant.

According to the criminal complaint:

At 7:46 a.m. Walworth County Sheriff’s deputies responded to a report of a Jeep that had crashed into a tree.

The deputy on the scene reported that he saw several bottles of beer near the vehicle. Consolo was found lying near the driver’s side door of the vehicle.

Consolo was transferred to Mercy Walworth Hospital and Medical Center for a fractured femur. Consolo told emergency responders that he was the driver of the vehicle.

At the accident scene, Green was treated for his injuries. He later died of his injuries at Froedtert Hospital, Wauwatosa.

On June 15, at 1:45 p.m., sheriff’s deputies went to Centegra Hospital, McHenry, Ill. At Centegra, Ryan and Adam Szudarski, two other passengers in the vehicle, were being treated for injuries they received in the crash.

Adam Szudarski told police that he, Ryan Szudarski, Green and Consolo began drinking in Illinois around 7 p.m. the previous day.

At around 5 or 6 a.m. they ran out of alcohol and drove toward a residence in Fontana. The group purchased more alcohol and continued to drink.

Adam Szudarski told police that Consolo was driving through fields and doing donuts on lawns.

The crash occurred when Consolo went straight when he should have turned, Adam Szudarski said.

After the crash, the Szudarskis left the vehicle and were picked up by a friend.

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