OSHKOSH, WI (WTAQ-WLUK) -The boater charged in connection with a deadly crash on Lake Winnebago made his first court appearance Monday.
44-year old Brian Sullivan is now facing two counts of homicide by intoxicated use of a motor vehicle.
The August 18th crash on Lake Winnebago killed 26-year old Lauren Laabs and 20-year-old Cassandra Laabs.
“Both families are good families, and both families were involved in this most unfortunate accident,” said defense attorney Raymond Dall’Osto.
“I think everyone would know how they would feel, imagining themselves in that situation.”
The sisters drowned after being thrown overboard. They were riding in a boat being operated by their father, Kim Laabs. They were not wearing life jackets.
According to the criminal complaint, Laabs and Brian Sullivan say the other boat hit them. Both say they were drinking prior to the crash. Both also had blood alcohol tests, but only Sullivan is being charged.
As to why? Dall’Osto tells FOX 11 that’s a question he can’t answer.
“It will be up to the district attorney, at this point, and they made a charging decision for the reasons they did.”
According to the Winnebago County District Attorney’s Office, Laabs will not face charges.
“The charges have been issued, and my views have been made known to the district attorney,” said Dall’Osto.
Sullivan said he had four beers, and stopped drinking a few hours before the crash. His blood test, taken more than an hour after the crash, showed a blood alcohol level of .093.
Laabs’ blood test, taken about two hours after the crash, showed a BAC of .026, according to the complaint.
“The court proceedings will go forward and we’ll see, as the facts and truth come out, what happened in this unfortunate accident.” Dall’Osto said.
Court Records show Sullivan was released on a signature bond. He’s scheduled to be back in court May 23rd for a preliminary hearing.
