Evan Barnick appears in Waupaca County court, November 6, 2023. (Zoom/Waupaca County court)
WAUPACA, WI (WTAQ-WLUK) – Evan Barnick was convicted Monday for the drunk driving crash which killed a Good Samaritan helping another motorist.
Barnick, 21, pleaded no contest to three counts, including homicide by intoxicated use of a motor vehicle, first-degree reckless endangering safety, and violating a court order for an ignition interlock device. Four other counts, including hit and run involving death, were dismissed. Sentencing is scheduled for Nov. 4.
Gerald Pagel, 77, was killed in the crash on County W and Brehmer Road in the town of Caledonia, shortly after midnight on Sunday, Oct. 29.
According to the criminal complaint, Pagel stopped to help a motorist after a car-deer crash.
That woman told police “she and Pagel were standing near the front of her vehicle when a southbound truck was heading towards them fast. (The motorist) stated that she was able to dive into the ditch to avoid being struck herself. (The woman) told (an officer) that she heard (Pagel) yell, “They are going to kill us” right before he was struck by the southbound vehicle,” the complaint states.
When stopped by police, Barnick — then 20 years old and too young to drink legally — admitted he had been drinking, but denied striking Pagel. Damage to his vehicle was consistent with striking a person.
“A DOT records check revealed to deputies that Evan had two prior convictions for OWI, that he was required to operate only vehicles equipped with an ignition interlock device, was revoked license status, and was .02 restricted. No ignition interlock device was installed in the truck driven by Evan,” the complaint states. “Through the course of the investigation it was determined that witnesses had observed Evan consuming a large amount of alcohol prior to driving and witnesses identified Evan as driving alone just prior to the crash.”
A blood draw was done, but no results were cited in the complaint.
According to court records, Barnick was fined $500 and sentenced to 30 days in jail for operating with a prohibited alcohol concentration-second offense which happened in July 2022.
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