Sienna Pecore appears in Brown County court, January 12, 2023. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) — A 15-year-old girl charged in a high-speed fatal traffic crash was ordered Thursday to stand trial. Now, the defense is seeking to have Sienna Pecore’s case moved to juvenile court before her arraignment is held.
Pecore is charged with first-degree reckless homicide, hit-and-run involving death and driving a vehicle without owner’s consent for the Oct. 30 crash at Oneida & Mason streets which killed Cruz Beltron, 17. Beltron was a passenger in her vehicle. Pecore was allegedly driving more than 100 mph at the time.
Pecore was visibly upset and crying as she was brought into the courtroom for the preliminary hearing Thursday.
Two Green Bay police officers testified at the hearing. Detective David Graf discussed his interviews with Pecore, while Sgt. Sean Hamill testified about the crash reconstruction investigation.
In arguments, the attorneys focused on the legal definition of the reckless homicide charge.
District Attorney David Lasee argued the state met its burden of proof for a preliminary hearing that Pecore acted with “utter disregard” for human life, as the statute requires.
“It is a totality of circumstances analysis. While there is indicia of swerving and slight, late, braking, when you look at all of this conduct within this context the defendant operated with utter disregard of human life,” Lasee said.
Defense attorney Catherine White argued the state’s own argument undermine its position.
“When the D.A. recognizes that swerving and braking at the last minute shows slight regard for human life, that is, as a matter of law, not utter disregard for human life,” White argued.
Judge John Zakowski noted the standard of review for this hearing isn’t beyond a reasonable doubt as it is at trial, but if there is a reasonable inference which can be drawn. In this case, that burden was met.
“I think it’s a reasonable inference: Even at somebody 15 years of age, driving a car, under those circumstances, that speed, would know that it creates a risk of death or great bodily harm. And that, from the moment she decided to speed all the way until when she got in that other car and leave the scene — that shows utter disregard for life. There’s a reasonable inference. Maybe a jury will decide differently but we’re at the preliminary hearing,” the judge said.
In Wisconsin, those ages 10 and older charged with certain homicide counts are prosecuted in adult court, such as in this case. The defense can and has asked for the case to be moved to juvenile court. Such requests are not automatically granted, and Pecore’s attorneys have the burden of proof for that motion.
Pecore’s attorneys were not ready to set a date for that hearing, however. Instead, a status conference will be held March 13.
Pecore’s attorneys had submitted a motion asking to have the charges dismissed, but Judge Zakowski dismissed that before the preliminary hearing started.
According to the criminal complaint, Pecore told police she had her mother’s car without permission.
“(The officer) asked Pecore why was she driving so fast and she said that she did not know and that she just was. (The officer) asked Pecore if she was racing another car, weaving in and out of traffic or being encouraged to drive that fast and she said she was not. (The officer) informed Pecore that a preliminary speed estimate was that she was traveling in excess of 100 MPH and Pecore said that she did not think that was right,” the complaint states.
“Pecore stated that she saw that the light was green, but then it turned yellow so she thought she could make it through the intersection. Pecore did state that she did remember seeing a vehicle stopped northbound on S. Oneida St. just south of W. Mason St. Pecore recalled the vehicle enter the intersection as she approached. Pecore stated that she then really did not remember what happened,” the complaint states.
Police used security cameras to estimate her speed.
“My analysis of the Walgreens video concluded that the Corolla was traveling an average of 170.9 feet per second or 116.5 MPH over the last 188 ft or 1.1 seconds prior to impact. My analysis of the Shell video concluded that the Corolla was traveling an average of 181 feet per second or 123.4 MPH over the last 362 feet or 2 seconds prior to impact. The posted speed limit here is 35 MPH,” the complaint states.
Pecore is being held on a $100,000 cash bond.
Comments