Suspected drunken driving crash kills man
August 30, 2011 | 04:51 PMELKHORN — A convicted felon is accused of causing a fatal accident the evening of Aug. 23 at the intersection of highways A and H.
Kelly J. Agnes, 30, of Elkhorn, was killed after the crash and was pronunced dead at the scene.
John M. Weller, 21, 421 S. 4th St., Palmyra, was charged with felony homicide by intoxicated use of a vehicle. His charge has been elevated to a repeater status because of a 2009 conviction for burglary.
On the felony charge, Weller faces up to 31 years imprisonment and $100,000 in fines. He also faces a misdemeanor charge of knowingly operating with a suspended license, causing death, which carries a maximum penalty of nine months imprisonment and $10,000 in fines.
After the crash, Weller blew a 0.178 on a portable breathalyzer test. The legal limit is 0.08. He also admitted to drinking, according to the criminal complaint.
Weller was arrested and taken to the Lakeland Medical Center. He was transported by Flight for Life to a Milwaukee area hospital.
Weller was placed into intensive care, according to a Walworth County Sherffi's Department press release. However, he has since been released.
In a Sheriff's Department photo, Weller appears to be wearing a hospital gown.
At an initial court appearance Aug. 26, his bond was set at $200,000.
His next court appearance is set for Sept. 2.
According to the criminal complaint:
At 9 p.m., Walworth County deputies were dispatched to a two-vehicle accident at the intersection of highways H and A in the town of Sugar Creek.
A reporting deputy wrote that he saw an upside down pickup truck that was leaning on the driver's side.
The deputy saw only one occupant, who was later identified as Agnes.
The deputy reported it was clear he had died from injuries suffered in the crash.
Reportedly, Weller's vehicle was southbound on Highway H when he failed to obey a stop sign at the T-intersection and crashed into the Dodge Ram pickup driven eastbound by Agnes.
Weller's driver's licene was suspended for failure to pay forfeitures.
According to online court records, Weller was convicted in Jefferson County of burglary on Sept. 11, 2009 and was sentenced to 30 days in jail with work release privileges.
He also was sentenced to two years of probation, which was revoked on Aug. 7, 2009, and to nine months in jail with work release privileges.
A condition of his probation in that case was absolute sobriety.
In Jefferson County, Weller also has misdemeanor convictions for criminal damage to property and retail theft.