A 59-year-old man was sentenced to a decade behind bars after earlier being convicted of homicide by intoxicated use of a vehicle and a third-offense OWI.
Thomas Wolf rear-ended a motorcycle Aug. 3, 2022, killing Bart Erdman, of Oconto Falls.
On May 26, Oconto County Circuit Court Judge Jay Conley sentenced Wolf to 10 years in prison followed by 10 years on extended supervision and ordered a $700 fine for the OWI conviction. Wolf also has to pay $14,912.40 in restitution.
The original criminal complaint indicates Wolf was driving a pickup truck and Erdman was on a motorcycle, both of them traveling south on County Road I near Beaver Lake Road in the Town of Oconto Falls, when the truck rear-ended the motorcycle around 8:45 p.m.
The impact threw the Harley-Davidson into the east ditch and caused the pickup to spin counterclockwise and turn over at least once, also coming to rest in the ditch, the complaint said. Erdman was ejected and pronounced dead at the scene.
Data from Wolf’s vehicle showed he was traveling about 70 mph just before the crash. The speed limit in the area was 55 mph.
A preliminary breath test showed Wolf had a blood alcohol concentration of 0.124%, according to a criminal complaint. The legal limit is 0.08%.
At the trial in March, the jury also convicted Wolf of homicide by negligent operation of a vehicle. Because homicide by negligent operation is also a lesser included offense of homicide by intoxicated use of a vehicle, Wisconsin law prohibits Wolf from being convicted of both to protect his double jeopardy rights. The count was ultimately dismissed by the court.
The prohibited alcohol concentration counts against Wolf were charged later, after results from a blood draw showed his blood alcohol content to be 0.136%. Defense attorney Timothy Hogan said evidence exists that the blood was kept in a hot car before testing, which could have increased the blood alcohol content.
kpasson@newmedia-wi.com
