OSHKOSH, WI (WTAQ-WLUK) – A judge denied a motion Tuesday for a new trial by a man convicted in connection with a deadly boat crash on Lake Winnebago in August 2018.
Brian Sullivan was convicted of two counts of homicide by use of a vehicle while having a prohibited alcohol level, and two more for homicide by used of a vehicle while under the influence of an intoxicant.
Lauren Laabs, 26, and Cassandra Laabs, 20 died when the boat being operated by their father, and Sullivan’s boat crashed on Lake Winnebago.
The sisters drowned after being thrown out of the boat, according to the criminal complaint. They were not wearing life jackets.
Defense attorney Ray Dall’Osto argued the verdict should be set aside or a new trial granted on the grounds the crash would have happened even if neither pilot were drinking, and therefore the evidence doesn’t support the verdicts. Asst. District Attorney Adam Levin opposed the motion, noting the jury determined guilt beyond a reasonable doubt.
Winnebago County Judge Scott Woldt said it’s clear neither pilot saw the other boat in time to react in time to avoid the crash, and noted Laabs had the right away.
“I think there’s more than adequate evidence – and the court’s supposed to look at the evidence most favorable to the prosecution – and could any reasonable jury have decided that there’s enough evidence, based on the testimony, the blood test, that there’s adequate evidence for a reasonable jury to conclude that this is a situation where the amount of alcohol in the defendant was a sufficient amount to impair his ability to operate a boat,” the judge said.
Sentencing is scheduled for December 30th.
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