Source: Lake Geneva Regional News

Remove Images

Man guilty of drunken driving homicide

April 19, 2012

ELKHORN — A 21-year-old, who killed an Elkhorn man during a drunken driving crash in August pleaded guilty April 11 to a felony charge of homicide by intoxicated use of a vehicle.

When John M. Weller, 421 S. 4th St., Palmyra, is sentenced June 7, he faces up to 31 years imprisonment and $100,000 in fines.

Kelly J. Agnes, 30, Elkhorn, was killed during the crash, which occurred Aug. 23 at the intersection of highways A and H.

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 Lakeland Medical Center. He was transported by Flight for Life to a Milwaukee area hospital.

Weller was placed in intensive care, according to a Walworth County Sheriff's Department press release.

Weller's charges were elevated to repeater status because of a 2009 burglary conviction.

According to the criminal complaint:

On Aug. 23, 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 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.

When the deputy saw Agnes, he reported it was clear that he 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 Agne's eastbound Dodge Ram pickup.

At the time of the crash, Weller's driver's license 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He also was sentenced to two years of probation, which was revoked on Aug. 7, 2009.