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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. I dont do drugs, but i do drink. I am not saying that i never did drink and drive. I have. Luckily i have never been involved in an acciedent. I can bet on it that you have to! I have also been out with friends that I had felt uncomfortable with riding home; so i found an alternate ride home like a responsible adult. You keep bringing up the fact that Dani only knew Chris a month. Whose fault is that? I really dont think it is Chris's fault. Maybe Dani shouldnt have trusted to ride with him. She got into the car on her own will; nobody forced her in the car, or to drink or to do drugs. And how can you be so for sure that Chris hasnt shown any remorse or anything towards the family. And by not attending the funeral; thats a differnt story. I dont think you can use that much against him. I dont know no mater how good of friends or lack there of if i killed someone i dont think i could go to their funeral and face that fact; probaly within a week of the accident.

    Chris I believe you should be semi responsible for danis death but fully responsible for Barnharts death.

    sorry May 10, 2012 2:09 PM

  2. "driver is responsible for insuring the vehicle, and is, therefore, held ACCOUNTABLE for any damages to third parties." Wisconsin State Law.

    Auto insured? I certainly hope so; but this wonderful upstanding citizen I am going to say...NOPE! Heck did he even own the car?
    Damages? Well I would consider death damages. Would you? Was the driver and HIS actions the cause of the crash...YES!
    So with all that said, does it even matter what the young lady was doing in the car? Did she ask him not to drive? Did she say slow down? Did she say STOP...PULL OVER? Anyone that has comments above that sheds her in a negative light does not have the answer to those questions. Bottom line Mr. Royer you are at fault 100%.

    I would also like to say to the Barnharts, my prayers are with you as well. All those injured, killed are entitled to have this man behind bars for a lonnnnnnng time.

    JJMAY May 10, 2012 5:03 PM

  3. I'll tell you why this woman is not at fault for her own death, besides the fact she wasn't the moron that was driving like a bat out of he11 on bald tires with booze mixed with dope in his system. While drugs may be illegal, marijauna and alcohol decrease inhibitions - FACT. It's the sole responsibiltity of the driver of the vehicle to remain sober and to drive in a safe manner to get his passengers home safe. Royer failed on both of these. The only thing the woman is guilty of is smoking an illegal drug, which in this case, is completely irrevelent. She's not the one who drove the car and crashed it into another car. It's the idiot, who allegedley is defending himself on social media, that killed her and the man in the other vehicle.

    independenthinker May 11, 2012 2:19 AM

  4. Good God Chris....Kimosabi? Get real!
    Chris your uncle is obviously not financially stable to cosign for anyone..and the court should have done its job and asked for proof of financial credibility. That blames falls on the courts as I see it.
    I have to say..that your attorney has his work cut out for him. You just being on here..tells us that you have yet to behave as a responsible adult. I know...and Im not speculating this...but you have reached out to Dani's family,,shamefully so...in nothing but a negative way. The proof is there. You have shown no concern for anyone other than yourself. Nothing Dani did that day caused the loss of anyones life. You take on a whole new set of rules when you put yourself behind the wheel. You chose to take on the responsibilty of transporting all those in your vehicle...no matter what their individual condition is...........you and only you took the seat behind the wheel.

    mbjmo May 11, 2012 3:46 PM

  5. Buzzed driving is Drunk driving!

    FLIP FLOP May 11, 2012 11:24 PM

  6. Buzzed driving is Drunk driving!

    FLIP FLOP May 11, 2012 11:24 PM

  7. [quote=kimosabi]So being the one that all of this negativity is aimed at I'd just like to say that for One...nobody has a right to talk about my uncle Perry the ay a few of you have on here. It’s uncalled for and seeing as none of you know him personally I don't think you have any right to say anything to defame him. I understand that its public record but if anyone wants to know that information they can go look for themselves. My uncle may not be rich but he's the most honest, giving and caring person that I have the privilege to know. Secondly, I'm pretty sure that nobody commenting on this was in the car with me when the accident happened so please stop speculating as if your opinions mean anything to anyone but yourself. And last but not least by any means...whoever "devilsplaytoy" is, I'm not sure who you are or what you think you may know, but, just for information I was transported to the hospital and my blood was drawn less than an hour after the accident. Thanks for your assumptions but they're unneeded an irrelevant.[/quote]hey smarta55 if you were taken to the hospital and your blood was drawn in less then an hour(so only you say) why did you fail to contact her FAMILY to inform them that YOU had just caused a major wreck and that Dani was terribly hurt and might not make it? after all you took her from her home, created this tragedy, killed two INNOCENT PEOPLE and the LEAST you could have done(if u felt any remorse) was let her family say their FINAL GOODBYES...Dani died ALONE thanks to your added stupidity or was it you just didn't give a damn or was it you had 1 of your many selfish moments when you thought of only yourself?(i could care less what your reasoning behind ur stupidity is..ur opinion means nothing here) If you knew anything about Dani you would have known how close she was to her Mother, her Father, & her family you would have a;so known that she would have wanted them to be at her side like most families!

    Devilsplaytoy May 15, 2012 5:08 PM

  8. [u](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.)[/u] How ignorant can you really be "Sorry" Dani was an innocent passenger who put her life in this PUNKS hands and trusted that he would drive with some common sense ..it's not up to the passenger to stay sober it is however the DRIVERS RESPONSIBILITY to refrain from drinking alcohol and drugs. u saying this worthless excuse who should have remained a stain on mommy's thigh 23 years ago is 100 percent @ fault for "Red" but NOT Dani cause she drank a 24oz beer and a shot of tequila and smoked weed..yet ROYER was driving recklessly before they smoked weed(according to reports) they started to smoke weed AFTER they left the bar so that means ROYER started out driving recklessly and why would you even think to blame a passenger for the irresponsible actions of the driver? he thought he was "Vin Diesel" in the Fast and Furious drifting in some run down raggedy pile of junk that he FAILED TO MAINTAIN as the owner is responsible for doing not the PASSENGER!! that PUNK knew his tires were bald yet ROYER drove RECKLESSLY its not Dani's responsibility to MAINTAIN ROYERS JUNK..there are many things ROYER DID WRONG ON THAT COLD and RAINY OCTOBER AFTERNOON the 1st was picking up Dani and not respecting her enough to keep her SAFE! Dani didnt cause the wreck she was simply a passenger who most likely trusted that he knew what he was doing or maybe she did ask him to slow down and he didnt listen..ever think of that? Don't blame the VICTIM

    Devilsplaytoy May 15, 2012 6:18 PM

  9. And don't expect anybody to read your posts, when you type like an 11-year-old who is 3 days into a 5-day meth binge.

    lastpercentile May 16, 2012 5:05 PM

  10. To all the victims in this incident, I understand why you are outraged. This is a tragedy indeed, but to put all the blame on Christopher and send him away is not the answer. Two wrongs do not make a right as the law of God. You may feel at this time that sending him away is the answer but you will realize in time that it is not morally right. Yes he was the driver, but they all knew what was going on at the given time whatever it may have been. If any of them were to drive instead of Chris, who's to say that the accident wouldnt have still happened. In this article Chris was made out to be a monster which he is not, but thats media for you. The only people who know what truly happened are the people who were involved. So to say something you dont necessarily know shows that you are not open minded and you are impaired from seeing all sides of what happened. Sending him away may trick you into thinking your at peace, but it is out of anger which the families cant help but feeling at this point. Think 25 years down the line, What will he have left ? He has been doing great, only to be side railed after a year and being arrested and to find they are trying to convict him with over 130 years worth of charges. Vicious Killers have been convicted of much less which may be irrelevent but its a point. Chris is not a monster and he does feel remorse. He feels a loss and remorse for Dani as well. Like I said two wrongs do not make a right as the man upstairs say's, he also wants us to learn how to forgive.

    Man In black May 17, 2012 10:21 PM

  11. [quote]Two wrongs do not make a right as the law of God.[/quote]
    Locking him up for a decade or three - is not a wrong. God approves, he told me so.

    [quote]He has been doing great after a year[/quote]
    That's the second wrong you were looking for - he should have been in jail from day one.

    [quote]...he also wants us to learn how to forgive.[/quote]
    We'll all line up outside the prison and shake his hand in 2047.

    lastpercentile May 18, 2012 11:00 PM

  12. Man in Black,

    I will not learn in time it isn't morally right, because it is. He committed a crime and should pay the penalty for that. You speak from knowing him, but you're not be objectional. It could of happened to one of the others, but it didn't.

    At the end of 25 years, he'll have more left that Dani does.

    independenthinker May 19, 2012 11:57 AM

  13. Well buddy if you talk to God, and he told you things you have problems of your own. God didnt build prisons. Unless you know the truth about what happened then do us a favor and keep your biased bigot opinions to yourself. So if Dani was driving and got in the same accident and the same 2 people died, would you want her to spend 25 if not life in prison? I didnt think so . Like I said before you both are impaired from seeing all sides. Keep believing what media tells you, you pawns of society.

    Man In black May 20, 2012 3:16 PM

  14. [quote]So if [Mother Teresa] was driving and got in the same accident and the same 2 people died, would you want her to spend 25 if not life in prison?[/quote]
    Yes.

    [quote]Like I said before you both are [b]impaired[/b] from seeing all sides[/quote]
    Freudian slip?

    lastpercentile May 20, 2012 3:36 PM

  15. Man in black-you are ignorant.did I spell that right? Ok stupid,much better.

    Benawhile May 21, 2012 7:04 PM

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