Man in court on seventh OWI charge
EAU CLAIRE — An Eleva man charged with his seventh OWI was in court Tuesday for a hearing in the case.
Robert Smith, 54, faces charges of OWI-7 and driving with a prohibited alcohol concentration, seventh offense. The charges were filed in December.
According to the criminal complaint, a state trooper was approached at a gas station by someone who was concerned about Smith's behavior. The trooper used his vehicle to box Smith in and spoke to him. Smith was off balance and, when asked for his license, handed over a debit or credit card.
Smith said he had called his wife and told her he couldn't drive. While talking with the trooper he stopped to take a call on his cell phone from his wife.
Smith failed field sobriety tests and blew a .278 on a breath test, almost three-and-a-half times the legal limit. A subsequent blood draw showed a level of .262. Under Wisconsin law anyone with three OWI convictions has a limit of .02.
A seventh OWI is a Class F felony, with the potential for up to 12.5 years in prison. Fines can reach $25,000.
Smith has not yet entered a plea.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 days ago
- Yahoo
Jury reaches verdict in 20-year-old Hamilton murder
Jun. 13—A jury of 12 said Friday afternoon that Antonio Riano, the 63-year-old Mexican national indicted in a December 2004 murder, was guilty of murder when he shot and killed Benjamin Becarra. The verdict came back less than two hours after being sent to deliberate. Riano faces an 18 years to life sentence on the charge of murder, which includes a three-year gun specification. Sentencing is scheduled for July 14. Before Friday morning's closing arguments, Riano's defense team argued for Butler County Judge Michael Oster to allow the jury to consider voluntary manslaughter in addition to murder. Oster ruled, however, there was insufficient evidence in a video that showed the defendant shoot the 25-year-old Benjamin Becarra on Long Street, outside the Round House Bar in December 2004. The defense objected to that ruling. Butler County Assistant Prosecutor Brad Burress told the jury during closing arguments that the victim was "executed" less than an hour after Riano purchased ammunition for the firearm used in Becarra's killing. A minute before Becarra was shot, he told his cousin, "he's got a gun, he's going to kill me," Burress said, quoting the witness. "Talk about foreshadowing," Burress told the jury. "A human being was shot in the head. He was shot in cold blood by this defendant." Defense attorney Kara Blackney said they've never denied that her client shot Becarra, but it was because the younger man terrorized him. "He was not there to show up for a fight," Blackney said. Riano as trying to end the terrorism allegedly led by Becarra. She said the police never helped him, and decided to face Becarra. Assistant Prosecutor Michael Hon, who is part of the prosecution team, said Blackney was right, that Riano wasn't looking for a fight, but rather to carry out "vigilante justice." Hon said the people around shown in the video are scared of Riano, using his "El Diablo" nickname multiple times. "They outnumbered him," Hon said. "If they are terrorizing him, why not jump him, beat the crap out of him. It's because he's 'El Diablo.' They're scared of him." On Dec. 19, 2004, Riano, then 42 years old, shot Becarra in the head with a .38 Smith & Wesson following an argument on Long Street. The defense said it was self-defense, claiming he and his family were terrorized by Becarra, who at the time of the shooting had a blood-alcohol level three times the limit and tested positive for cocaine. The prosecution, however, said the killing was a ruthless murder committed by a man known as "El Diablo." The agreed-upon facts show the two men were at the Round House Bar, which sits on the corner of East Avenue and Long Street. Riano was inside when Becarra walked through a door off Long Street. An argument ensued, which had continued outside the bar. The prosecution said Riano fired a shot into the ground and eventually walked away from the argument, before turning back. More words were exchanged. A bystander tried to separate the men, but Riano extended his arm and shot Becarra in the face. Riano fled back to Mexico via New Jersey around the time he was indicted on the murder charge in February 2005. He left his wife and children behind, and was found working as a police officer in his hometown. He was extradited to the United States with the help of the U.S. Marshals Office and other authorities on Aug. 1. After closing arguments, the jury began deliberations. The jury's verdict was expected to be made after the Journal-News deadline. For the latest information, visit
Yahoo
2 days ago
- Yahoo
Jury reaches verdict in 20-year-old Hamilton murder
Jun. 13—A jury of 12 said Friday afternoon that Antonio Riano, the 63-year-old Mexican national indicted in a December 2004 murder, was guilty of murder when he shot and killed Benjamin Becarra. The verdict came back less than two hours after being sent to deliberate. Riano faces an 18 years to life sentence on the charge of murder, which includes a three-year gun specification. Sentencing is scheduled for July 14. Before Friday morning's closing arguments, Riano's defense team argued for Butler County Judge Michael Oster to allow the jury to consider voluntary manslaughter in addition to murder. Oster ruled, however, there was insufficient evidence in a video that showed the defendant shoot the 25-year-old Benjamin Becarra on Long Street, outside the Round House Bar in December 2004. The defense objected to that ruling. Butler County Assistant Prosecutor Brad Burress told the jury during closing arguments that the victim was "executed" less than an hour after Riano purchased ammunition for the firearm used in Becarra's killing. A minute before Becarra was shot, he told his cousin, "he's got a gun, he's going to kill me," Burress said, quoting the witness. "Talk about foreshadowing," Burress told the jury. "A human being was shot in the head. He was shot in cold blood by this defendant." Defense attorney Kara Blackney said they've never denied that her client shot Becarra, but it was because the younger man terrorized him. "He was not there to show up for a fight," Blackney said. Riano as trying to end the terrorism allegedly led by Becarra. She said the police never helped him, and decided to face Becarra. Assistant Prosecutor Michael Hon, who is part of the prosecution team, said Blackney was right, that Riano wasn't looking for a fight, but rather to carry out "vigilante justice." Hon said the people around shown in the video are scared of Riano, using his "El Diablo" nickname multiple times. "They outnumbered him," Hon said. "If they are terrorizing him, why not jump him, beat the crap out of him. It's because he's 'El Diablo.' They're scared of him." On Dec. 19, 2004, Riano, then 42 years old, shot Becarra in the head with a .38 Smith & Wesson following an argument on Long Street. The defense said it was self-defense, claiming he and his family were terrorized by Becarra, who at the time of the shooting had a blood-alcohol level three times the limit and tested positive for cocaine. The prosecution, however, said the killing was a ruthless murder committed by a man known as "El Diablo." The agreed-upon facts show the two men were at the Round House Bar, which sits on the corner of East Avenue and Long Street. Riano was inside when Becarra walked through a door off Long Street. An argument ensued, which had continued outside the bar. The prosecution said Riano fired a shot into the ground and eventually walked away from the argument, before turning back. More words were exchanged. A bystander tried to separate the men, but Riano extended his arm and shot Becarra in the face. Riano fled back to Mexico via New Jersey around the time he was indicted on the murder charge in February 2005. He left his wife and children behind, and was found working as a police officer in his hometown. He was extradited to the United States with the help of the U.S. Marshals Office and other authorities on Aug. 1. After closing arguments, the jury began deliberations. The jury's verdict was expected to be made after the Journal-News deadline. For the latest information, visit
Yahoo
2 days ago
- Yahoo
Jurors acquit Crown Point woman in fatal crash on Taft, but convict on driving drunk with child
Jurors gave a split verdict on a dozen charges Thursday night for a Crown Point woman charged with driving drunk, striking and killing a man walking back from work release. Christian 'Megan' Garza, 30, was acquitted of four felonies, essentially for driving drunk, hitting and killing Andreas Ramos, 27, of Chicago, walking after midnight on Jan. 19, 2020, in the middle of Taft Street in Merrillville. He was walking back to the Lake County Community Corrections Kimbrough Work Release Center from his McDonald's shift. However, Garza was convicted of three felonies for driving drunk with her 4-year-old daughter in the vehicle. She was also convicted of three misdemeanors for drunk driving but acquitted of two misdemeanors for OWI while endangering a person. The jury deliberated for 2.5 hours. Her sentencing is July 30. Defense lawyer Susan Severtson said Friday there was a pretrial motion of limine – something lawyers can't tell the jury – that prevented prosecutors from saying Ramos was a work release inmate. That was a proper procedure since the law says someone's criminal past shouldn't be held against them in a trial, she said. All they knew was that he was from Chicago and walking back in the street, she said. In an earlier text message, Severtson said one of their expert witnesses, namely an accident reconstructionist, made the case for the jury that it was dark, Ramos was hard to see walking in the center lane and Garza had already started to slow down to 31 to 37 mph in the turn lane when she hit him. The speed limit was 45 mph. Any driver would have had under four seconds to react, she argued. Prosecutors argued her impairment likely affected her reaction time. Deputy Prosecutors Shannon Phillips and Jacob Brandewie said earlier in the week that Garza had been drinking at her toddler niece's birthday party on Jan. 18, 2020, in St. John. When her parents left, she loaded her own daughter into a car seat and left. As she was trying to turn on 91st Avenue from Taft Street in Merrillville to avoid the light at 93rd Avenue by the Lake County Government Center, she hit Ramos. She agreed to a blood draw, which showed she was over the legal limit. Garza testified Wednesday saying she hit something that 'looked like fur' – referring to part of Ramos' jacket – but didn't get out of the red Volkswagen until her dad showed up, claiming he had to tell her she hit a man. Ramos is survived by two children, according to his obituary. He was sentenced to two years of work release in December 2019 in a robbery case. Severtson and co-counsel Roy Dominguez said a bigger issue was why some Kimbrough inmates still walk down the turn lane on Taft Street after 'decades' — a thoroughfare that's only gotten busier over time. A solution would be to add sidewalks and more street lights, they said. Lake County Community Corrections Executive Director Kellie Bittorf told the Post-Tribune Tuesday that they try to dissuade people from walking. They put a Gary bus stop in front of Kimbrough. But the stops and schedules don't always line up. If approved, they allow some inmates to drive or family members to give rides to work. They also hand out safety vests. 'Without having sidewalks on Taft, it does make it challenging,' she said. mcolias@
