OSHKOSH, WI (WTAQ) – A man has been charged in a fatal Lake Winnebago boat crash from last summer.
44-year-old Brian Sullivan of Neenah was charged with two counts of homicide by intoxicated use of a motor vehicle on Monday.
He’s scheduled to make his initial court appearance on April 1.
Lauren Laabs, 26, and Cassandra Laabs, 20, were thrown overboard in the collision and died from drowning.
They were riding in the boat driven by their father Kim during the August 18 incident and were not wearing life jackets.
Both boaters claim they were struck by the other vessel, according to the criminal complaint.
Kim Laabs said he had two mixed drinks, the last about 20 minutes before the crash, before leaving a bar in Stockbridge.
“Laabs explained that he was traveling westbound on Lake Winnebago when his boat was struck by a northbound boat in a somewhat T-bone fashion,” the complaint says.
While Sullivan says he had four beers and stopped drinking a few hours prior to the crash.
“Sullivan explained to Deputy James Megna that he was driving northbound on Lake Winnebago, at approximately 30-32 miles per hour, toward Neenah Marina when all of a sudden they were struck on the right side of their boat, by another boat,” the complaint says.
Sullivan had a blood test taken more than an hour after the crash, which showed a blood alcohol level of .093.
The criminal complaint states that, “Alcohol eliminates from the human body at a rate of 0.01-0.025g/etoh/100mL/blood/hour, so at 3.5 hours after the crash, and with the defendant’s claim that he stopped drinking hours before the crash, the defendant’s BAC would be greater than 0.08g/etoh/100mL/blood at the time of the double fatal boat crash.”
According to the complaint, a blood test that was taken around two hours after the crash showed Laabs’ with a blood alcohol level of .026.
According to the district attorney’s office, Laabs will not face charges.
