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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. Getting angry are we ? sticks and stones...your words mean nothing

    Man In black May 21, 2012 11:16 PM

  2. Man in Black.....
    Wow...to say the words spoken here have "no meaning?" Are you serious? Are you trying to diminish the value of 2 peoples lifes lost here?? Unless Man in Black you are Chris again....you werent at the scene either, now were you? I wasnt at the scene...but what I do know to be a fact,,is that professionals in the field of reconstructing accidents...found enough evidence to turn over to the DA'S office...to bring charges against Chris. I honestly would bet that if the circumstances were the same,,but the one of the names of the victims.,..was perhaps...your sister..or daughter...........you would be personally vested in seeking justice! These people rightfully so, are hurting and will forever grieve the loss of their loved ones. When we do the deed,,,,we need to deal with the consequences of our actions...and that is what Chris has to do. Him in prison for 25 years?? At least he still alive...you cant say the same about Dani and Mr Barnhart. Thats the reality!

    mbjmo May 22, 2012 7:36 PM

  3. [quote=Man_In_black]Getting angry are we ? sticks and stones...your words mean nothing[/quote]Let's see,what shall we be? Man in black,or kimosabi.really can't make up my mind-I think I will just go with Christopher.works for me

    Benawhile May 22, 2012 8:11 PM

  4. No this is not Christopher. I also do feel sorry for the families and the victims. I however do not feel Chris should be sent away for 25 years. People who have intentionally committed murder have been convicted of much less time. I am sorry but the charges add up to 130 years and thats outrageous for an accident. He was under the legal limit. His blood was tested not even an hour after the accident. If the police had any reason to arrest him they would have done it as soon as he was out of the hospital.

    Man In black May 22, 2012 9:49 PM

  5. Man in Black,

    While the article may not say it, it is possible he had marijuana in his system as well as the alcohol, still making it an OWI. It said he ws allegedly smoking with the other two. If that is the case, then yes, he should get time in prison. Also, you say 130 years is outrageous for an accident. I couldn't agree more if it was actually an accident. To the civilized world, and accident is someone who was blinded by the sun and didn't see a stop sign or backing up and not seeing anyone in your mirrors, ect. Driving while smoking weed, drinking, and recklessly mind you, is not an accident, it's negligent.

    independenthinker May 23, 2012 8:37 AM

  6. Ok...Uncle...Man in Black....
    I understand you dont think Chris should lose any part of his life sitting in prison.....but again he is above ground.............Dani and Mr Barnhart are not!!
    You are so concerned that Chris' punishment is unfair? What about the sentences that Dani, Mr Barnhart and their families are paying?

    mbjmo May 23, 2012 9:57 PM

  7. Like I said before. Who's to say that accident wouldnt have still happened if Dani or the other passenger was driving. We will never know. Those lives that were lost will never come back and I am sorry for that. On the other side it was an accident. This wasnt intentional and he is not a monster and he doesnt deserve 25 years.

    Man In black May 24, 2012 11:17 PM

  8. Man in Black,

    I don't think anyone is saying it was intentional. If that was the case, he would have gotten life in prison. If it happened with one of the other two driving, then they would be facing these consequences. 12 1/2 years per life lost isn't out of hand. You, me, and everyone knows if you drive under the influence, and cause death, you're going to pay the price.

    independenthinker May 28, 2012 6:42 PM

  9. This is to comment to the I'm sorry person! First u were not there however we know Chris royer is guilt as all hell! My cousin did ask to drive he refused to let her! There was another person in the car that can and will verify this! Chris Royer killed to people that day he knew the law on driving while under the influence and he choose to break that law! Now he will have he's life taken from him by spending it behind bars! So before you idiots post your comment know the facts! We know longer have Dani or have Milton in are lives and can no longer get them back! So shut up you cold hearted fools! >:(

    AngelaTorres May 31, 2012 6:59 PM

  10. Well now that they are gone Im sure they did offer to drive. Im sure they made that up for court. I wont take your comment seriously if you cant even spell.

    Man In black Jun 01, 2012 12:52 PM

  11. So how is your application to sell booze going Chris? Seems like you have a little cash problem too,American family? More to come.no comments for a while,can't think of anything witty to say?

    Benawhile Jul 23, 2012 5:49 PM

  12. [quote=Man_In_black]Well now that they are gone Im sure they did offer to drive. Im sure they made that up for court. I wont take your comment seriously if you cant even spell. You should get spell check,it's free and you will not sound like a idiot.

    Benawhile Jul 23, 2012 5:59 PM

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