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Homicide charges filed for fatal crash

May 7, 2012 | 41 comments

Waupaca County District Attorney John Snider filed vehicular homicide charges Monday against Christopher L. Royer, 23, Mukwonago.

Royer was involved in a 2010 crash that led to two fatalities on State Highway 54 in Royalton.

Relatives of the two victims – Milton "Red" Barnhart and Danielle Belanger – were in court Monday.

Several of them had been among the protesters demanding justice outside the courthouse in October 2011. At that time, they wanted to know why no charges had been filed against Royer one year after the crash.

Royer is now charged with two counts of homicide by intoxicated use of a vehicle and two counts of homicide with a vehicle while under the influence of a controlled substance. He was also charged with two counts of causing injury while under the influence, possession of marijuana and possession of drug paraphernalia.

Scene of the crash

Shortly after 2:30 p.m. Saturday, Oct. 23, 2010, Deputy Nick Traeger and Detective Sgt. John Mocadlo, of the Waupaca County Sheriff’s Department, were dispatched to the scene of the crash.

According to the criminal complaint, when the officers arrived, they found a severely damaged red Chevy Astro van facing east in the middle of the road. Photos of the wreck show the front wheel of the driver’s side of the van pushed all the way under the front seat.

A grey Chevy Monte Carlo was in the north ditch. Traeger found Royer in the driver’s seat, calling for help. Treager shattered the driver’s side window and Royer was able to crawl out of the vehicle.

Barnhart, a 75-year-old Waupaca man, was trapped in the van. After firefighters extricated Barnhart from the vehicle, he was taken by ambulance to New London Family Medical Center, then to Appleton Medical Center.

Barnhart suffered blunt trauma to his abdomen during the crash, never recovered from his injuries and died on Nov. 14, 2010.

Belanger was a front-seat passenger in Royer’s car. The 21-year-old Oshkosh woman was rushed to Riverside Medical Center in Waupaca, where Dr. Stephen Hubbard tried unsuccessfully to save her.

Hubbard continued working to resuscitate Belanger as he rode with her in the ambulance to the trauma unit at Theda Clark Medical Center in Neenah. She was pronounced dead at 6:37 p.m. the night of the crash.

Jose F. Ortegon, 24, Oshkosh, was a backseat passenger in Royer’s car. He was taken first to RMC, then to Theda Clark where he was treated for a broken leg.

Wild ride alleged

Ortegon told Traeger that he, Belanger and Royer left Wautoma for Waupaca after stopping to purchase a six-pack of 18-ounce beers for the two men and one 24-ounce can of light beer for Belanger, the complaint says.

Enroute from Wautoma to Waupaca, Royer "was driving very recklessly, taking corners very fast so as to drift and going fast on the hills in order to make their stomachs drop," according to the criminal complaint.

All three of them were allegedly smoking marijuana from Royer’s pipe and drinking as they drove to Waupaca.

While in Waupaca, the three of them went to Schueller’s Great Exspechtations on Royalton Street. Ortegon told investigators he bought Royer and Belanger a shot of tequila and bought Royer two double shots of Jack Daniels and Coke. the complaint says.

Ortegon told police that the three of them began smoking marijuana after they left the bar. He reportedly said Royer peeled out of Schueller’s parking lot, causing the car to fishtail, then accelerated into the roundabout on State Highway 54. A short time later, they hit a van head-on.

Bald tires possible factor

While investigating the scene of the crash, Traeger noticed that the Monte Carlo’s front tires were worn and virtually without any tread. The front passenger tire appeared to have blown, which may have been a contributing factor to the crash. The front passenger wheel had also separated from the car.

State Patrol Trooper Steven Brown conducted a mechanical inspection of the Monte Carlo. He concluded that "all damage appeared to be caused from the collision. The lack of tread on the front tires could have an effect on the vehicle’s ability to maintain control, especially on wet roadways. This, of course, will depend on the dynamics of the crash. Without being at the scene, I cannot say whether the bald tires were a contributing factor."

Trooper Thomas Rahmer reported that he found no evidence at the scene that the vehicle was out of control prior to the crash.

Ortegon told Traeger that he did not remember any problems with the vehicle and did not believe the tire blew prior to the crash.

At Monday’s hearing, Snider asked Judge Philip Kirk to set "a significant cash bail," noting that Royer has a history of failing to appear for court hearings and that his driver’s license was recently reinstated.

Royer, who is charged as a repeat offender, has several prior misdemeanor convictions from Waushara County, including theft, disorderly conduct and resisting an officer.

Gerald Boyle, Royer’s defense counsel, asked Kirk to grant a signature bond.

"For the last year and a half, this boy’s behavior has been exemplary," Boyle said. "He has been working hard, turning his life around."

Royer has been living with his uncle since the incident and working two part-time jobs, Boyle said.

Boyle argued that Royer’s blood-alcohol level at the time of the accident was 0.056, significantly below the legal limit.

Kirk set an alternative bond of $2,500 cash or a $10,000 signature bond co-signed by Royer’s uncle.

Conditions of the bond prohibit Royer from leaving the state of Wisconsin, driving with any amount of alcohol or controlled substance in his system and driving without a valid licence. He is also prohibited from having contact with Ortegon.

Royer faces up to 25 years in prison if convicted of any of the counts of vehicular homicide.

42 Comments for "Homicide charges filed for fatal crash"

  1. [quote] "For the last year and a half, this boy’s behavior has been exemplary," Boyle said. "He has been working hard, turning his life around." [/quote]
    Killing two innocent people often forces you to reconcile with your "less then exemplary" behavior.

    [quote]Boyle argued that Royer’s blood-alcohol level at the time of the accident was 0.056, significantly below the legal limit.[/quote]
    Meaning he was probably under the influence of the marijuana.

    And the .056 result probably explains why the DA was dragging his feet all this time.

    lastpercentile May 07, 2012 8:17 PM

  2. Can you believe that the judge allowed the defendent to be be released on a $10,000 signature bond by someone who owes more than $340,000 in back business taxes to the IRS. Sounds like a trustworthy citizen to me. NOT!!!! He (the judge) went off the defendents attorney's word that he was a outstanding citizen, involve in catholic church, and does volunteer work with the Knight of Columbus and also would make sure Chris would appear in court in two weeks. Sounds like he should be doing more work at his business and pay off his back taxes from as late as 2007! He too should be in jail. Whatever happen to doing a background check on anyone whose signing the signature bond? I'm disgusted that the defendents has more rights then the victim.

    vatorman May 08, 2012 4:16 PM

  3. He wouldn't be the only one - with a 6-figure tax warrant - who has been in the news this year.

    lastpercentile May 08, 2012 4:38 PM

  4. Does the name Gerald Boyle look familiar? I'll give you a hint, Jeffrey Dahmer, Mark Chmura, et al.......

    livinghealthy May 08, 2012 4:56 PM

  5. You drink you drive you lose!

    FLIP FLOP May 09, 2012 12:07 AM

  6. >:( his blood-alcohol level was under the legal limit ONLY because the POLICE failed to do their job properly and give him a blood-alcohol test IMMEDIATELY, instead they gave him the test HOURS after the accident...of course it's going to be UNDER the legal limit!! and what in the world is the judge thinking giving this punk a signature bond? had it been the judges family killed this story would be different.. >:( :( what a disgrace! this punk will get what he has coming to him one way or another! he better pray it's the legal way for him..

    Devilsplaytoy May 09, 2012 9:48 AM

  7. So I am not up for defending anyone, but only to give a different view point. How many of you people that are commenting here are from the Barnhart family? If you are then you all have the right to say all this. I would be ferious if this happened to my family. He was the only one innocent in this whole article.

    But if you all are from Dani's family. I think you guys should not be so harsh. I mean you have to understand she got into the car with this guy knowing they have been drinking and getting high all day. She had the choice to rid with him. If she felt unsafe with him she could have called someone for a ride home. I bet any of her family members that love her so much would have came and picked her up if she needed a ride home. I dont think he should be fully responsible for the death of Dani since it was her choice to ride with hime.

    He should be fully responsible for the death of Barnhart. He was the innocent driver on the road.

    Very sad accident, sorry to all family involved.

    sorry May 09, 2012 12:00 PM

  8. [quote=sorry]But if you all are from Dani's family. I think you guys should not be so harsh. I mean you have to understand she got into the car with this guy knowing they have been drinking and getting high all day. She had the choice to rid with him. If she felt unsafe with him she could have called someone for a ride home. I bet any of her family members that love her so much would have came and picked her up if she needed a ride home. I dont think he should be fully responsible for the death of Dani since it was her choice to ride with hime.

    He should be fully responsible for the death of Barnhart. He was the innocent driver on the road.
    [/quote]

    How in the world can you claim that Royer is not fully responsible for Danielle's death? From what I understand, Danielle asked to drive the vehicle, and Royer told her no, because there was no insurance on the vehicle. Regardless, let me just say, that if it were you that lost your daughter, sister, family member or best friend, I'm SURE you would want that person held fully accountable.

    Royer KILLED an innocent 75 year old man, and an INNOCENT 21 year old woman and injured another person. To even think that you would insinuate that Danielle is less innocent is sickening.

    Royer deserves those 25 years and many more. He should not be able to enjoy his life after taking not one, but TWO innocent lives.

    howcanyou May 09, 2012 2:21 PM

  9. WOW,that was harsh sorry. Do you even know this girl? Do you know the whole story? If not you should be ashamed of yourself to even say something like that. Yes Red was an innocent victim and I'm sure her parents, other family members, & friends feel his loss as well as hers. To say they had been drinking & smoking all day, when you don't know the real facts is just wrong. Yes Red was an upstanding person in the community & contributed alot from our understanding. I did not even know him but I cry for his loss also. I am very proud of all the things he accomplished in his life & no, he did not deserve what happened. Danielle was 21 and just beginning her life. Do you know what kind of person she was? She was going back to college in 2011. She had the biggest heart & would give the shirt off her back if someone needed it. She believed everyone deserved a second chance, thus she lost her life. She just met that Royer character, knew him less then 30 days, & then only seen him on week-ends.So don't post remarks like she doesn't deserve any justice. You don't know that she didn't say stop let me out of the car, none of us do! And you certainly don't have a clue to the time frame. Don't believe everything you read. I'm just saying...

    dontjudge May 09, 2012 4:47 PM

  10. I would like you all to know that I had spent time with Dani and knew the person she was. I agree she was a great person with a large heart. But I also know she loved partying and doing drugs. Anyone who knew Dani knew those were two of her favorite things and there is nothing wrong with that. Just put yourself in this position. What is that was Dani driving the car would you think she should be held fully responsible if the situation was changed a little bit. She knew they have been drinking and he was driving reckless prior to the stop in Waupaca. If she felt like her life was in danger prior to Waupaca she should have never gotten back into the car after the bar stop. I do believe there should be some justice for Dani, but I also believe there should be more for Barnhart. I had dealt with a similar situation like this years before. My cousin was killed in an accident and was in Dani's position. They were drinking. My cousins parents asked the judge to be lienant on his sentencing because they felt like my cousin should have been smarter then to get into the car with them, and would have liked the same if my cousin was the one driving. If you are old enough to drink you should be old enough to know better to get in the car of someone you dont feel safe with. Its an adult choice and you must live with the consequences. I agree he should recieve a punishment but yet a fair one.

    sorry May 09, 2012 10:38 PM

  11. obviously you party and do drugs also. Im sure you also been in a car while the driver or yourself were drinking. Did you get out of a car and start to walk home that is 40 miles away. I bet you didn't. You weren't that good of a friend of Dani because if you were you would not disrespect her when she can't defend for herself. If you want to compare accidents Lets do that.Your cousin was with a group of friends that he knew for a long time. I'm also sure he showed remorse and went to his funeral. Now Dani knew Chris for about a month! Chris didn't even have the balls to call her parents or attend her funeral.With all the hurt and anger that Dani's family was going through, they were understanding with the situation and gave Chris permission to attend the funeral with a private a showing. To this day to my knowledge he still hasn't apologized or showed and remorse! Lets be fair about all of this. Chris was driving and is responsible for himself and others that were in his car. He should of made the right decision, and to be the responsible adult.

    vatorman May 10, 2012 12:52 AM

  12. [quote]But I also know she loved partying and doing drugs. Anyone who knew Dani knew those were two of her favorite things and there is nothing wrong with that.[/quote]
    Actually, there's no end to what's wrong with doing drugs.

    [quote] I'm pretty sure that nobody commenting on this was in the car with me when the accident happened[/quote]
    I'm pretty sure that, if you are the defendant, your attorney doesn't want you ranting on a media website about your crime.

    [quote] I was transported to the hospital and my blood was drawn less than an hour after the accident.[/quote]
    Did they test for THC? What was that result?

    [quote]Ok so let’s get our facts straight here...I am Chris Royer and I was the driver in this accident. And if I was an irresponsible adult...[/quote]
    You're about one more posting from having your attorney quit your case.

    And, it wasn't an accident, it was a crime.

    If you were a responsible adult, THEN, you wouldn't have been drinking, doing drugs, driving, and killing an innocent victim.

    If you were a responsible adult, NOW, [b]you would plead guilty.[/b]

    lastpercentile May 10, 2012 6:23 AM

  13. Chris you really are a complete idiot. nobody mentioned your uncles name. but thanks for the information. Who needs a lawyer when we have you!!!! IDIOT

    vatorman May 10, 2012 9:20 AM

  14. First let me start by saying Danielle is NOT on trial!! For those that feel you need to make another "view point" safe yourself! Sorry - defintion on your comment would mean worthless. The true defintion of sorry is filled with compassion for....I will be more like Danielle in this matter and be more forgiving and say it was pure ignorance on your part to say we should be less harsh in our grieving process, let alone holding the man responsible for taking her INNOCENT life! One quote that comes to mind was by Martin Luther King Jr. "Nothing in the world is more dangerous than sincere ignorance and consientious stupidity." On a factual basis, as the driver you assume responsability for not only the vehicle but All that is within, including the passengers! The State charged Chris Royer with substantial evidence supporting the counts against him. So as you continue to speculate on a subject you do not know, I also ask that since you obviously are not a friend or family member to Danielle please refrain from referring to her as Dani. As a correction her favorite things in life were her family and friends. Her mother and best friend, her father number one confidant, her two brothers and being an Aunt to her three nephews that she will not get to see grow up. She recieved the ultimate consequence..death. Due to this crash caused by Royer, his irresponsible behavior and reckless driving. Dani fought for her life from that point until her death at 6:30 that evening. Do I need to tell you that the poor girl suffered and passed away alone?! So as you want to punish her...what is left? Her family will continue to shed light on her memories, and because that is all we have left, we WILL seek the harshest punishment that is due to Royer for not only our INNOCENT daughter,granddaughter,sister,aunt,neice and now VICTIM but also the innocent life of Red. We continue to pray for both families and now will include prayers for the pity on the soul that judges!

    defendher May 10, 2012 11:20 AM

  15. blah blah blah

    diddydidit May 10, 2012 12:40 PM

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