Evan Barnick mugshot. PC: Fox 11 Online
WAUPACA, WI (WTAQ-WLUK) – Evan Barnick was sentenced Monday to six years in prison for a drunk driving crash which killed a good Samaritan helping another motorist.
Barnick, 21, previously was convicted of 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.
Gerald Pagel, 77, was killed in the crash on County W and Brehmer Road in the town of Caledonia, shortly after midnight on Oct. 29, 2023.
Barnick was also placed on extended supervision for six years by Waupaca County Judge Raymond Huber.
Before the sentence was issued, the motorist who Pagel stopped to help spoke of her “Guardian Angel” and the lasting impact of witnessing the crash which killed Pagel. Pagel’s brother and son also discussed their loss.
Laurie Barnick, Evan’s mother, addressed the court. She expressed condolences to the Pagel family. She said her son is not a bad person, but he made “a horrible choice” which resulted in a “tragic accident,” which was not intentional.
Barnick addressed the court, offering his “most sincere apologies.”
Never in my life would I have imagined myself causing this much pain. I am sorry for taking someone away from this world. Someone who was not only not deserving of what had happened, but also someone who was close to many. Someone who was a friend, father, brother, uncle, whatever it may be, I am sorry,” Barnick said.
In making the injury count consecutive to the time in the death-related count, the judge echoed the motorist’s comments on the lasting effects of the crash.
“I think what really bothers her, and quite frankly should, is the fact that not only did you strike (the victim) and kill him, but you kept on going. You didn’t even stop to provide any assistance. That really shows a depravity of mind, in this court’s opinion. You obviously knew you hit something. Even, even giving you the benefit of the doubt that you maybe hit the deer that was dead in the road, you saw two people there, you did not stop, you continued to speed on. I’m sure you didn’t because you knew you were drunk, and you were operating a truck without an ignition interlock device. And, so not to impose some consequence for that behavior – you did clearly put A.M.M. (the motorist) at significant danger – I think you need to sent a prison sentence on that count as well,” the judge said,
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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