GREEN BAY, WI (WTAQ-WLUK) – For the second time in a month, the trial has been delayed for the suspect in a high-speed, double fatal drunk driving crash, because the defense still does not have all of the evidence in the case. The new trial date is Oct. 7.
Kelton Snulligan, 22, faces 16 charges, including two charges of homicide by intoxicated use of a motor vehicle for the July 21 crash in Allouez. He has pleaded not guilty. Trevor Hermon — a passenger in Snulligan’s car — and Luis Rios-Alvarado — who was driving the vehicle Snulligan struck — were killed in the crash, while several others were injured.
The trial was originally set for Feb. 26, but all of the evidence wasn’t turned over the defense yet. Last month, a new trial date of May 6 was scheduled.
However, in a written motion filed this week, Snulligan’s attorney said he’s still waiting for some evidence.
“Since the court granted Mr. Snulligan’s first motion to adjourn, undersigned counsel has received some of this missing discovery. However, other pieces of the requested discovery, including the Green Bay Metro Fire Run/Response reports and drone video footage of the crash scene, which undersigned counsel learned about from the recently received discovery, are still outstanding. Undersigned counsel continues to work with the State to ensure that the outstanding discovery is tendered,” wrote attorney Jason Luczak.
Snulligan’s family is also waiting for the sale of their home to be completed so they have the money to hire a toxicologist and accident reconstructionist to aide in the defense’s case, he said.
Prosecutors did not object to the delay.
The new trial date is Oct. 7. A week-long trial is planned.
According to the criminal complaint:
One of the passengers in the vehicle Snulligan was driving told police they had been drinking. They were concerned one of the group had alcohol poisoning, so they were headed to Bellin Hospital.
The owner of the Mercedes-Benz which Snulligan was driving was riding in the front passenger seat.
“As we approached the intersection, a small black car, like a Ford Focus, turned left from the oncoming lane across our path. They seemed to hesitate before turning. We were most likely going faster than the speed limit,” the passenger said. “I recall that we were going more likely faster than 55 MPH.”
The same passenger “described the crash and that if they had been going slower, that the vehicle which turned in front of them probably would’ve made it through the intersection,” the complaint states.
Snulligan’s blood alcohol level was .097, higher than the .08 limit.
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