OSHKOSH, WI (WTAQ-WLUK) — A state appeals court upheld the conviction of a man for the drunken driving crash which killed his daughter.
Steven Brownell was sentenced to three years in prison for the August 2018 crash which killed his daughter, Kherington, 9.
Brownell’s blood alcohol level was .261, more than three times the legal limit. Brownell’s Mustang left the highway, went airborne, and crashed in a cornfield. One witness estimated he was going at least 100 mph, according to the complaint.
Brownell appealed, arguing the circuit court was wrong when it denied his motions to exclude the results of his blood test. But in the five-page decision, the appeals court rejected the argument.
“Nothing in the record suggests that Brownell’s blood test result was unreliable to a degree that implicated his due process rights. Indeed, the blood was taken from a vial with which there has been no identified problem. Moreover, Brownell has not shown that the State failed to preserve potentially exculpatory evidence in bad faith,” the court ruled.
Brownell is currently housed at the Dodge Correctional Institution, state records show.
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