OCONTO, WI (WTAQ-WLUK) – Caleb Mihalski was ordered Friday to stand trial for a fatal traffic crash from three years ago for allegedly striking a motorcyclist head on while trying to pass a semi outside a passing zone.
Mihalski, 21, faces one count of homicide by vehicle with use of a controlled substance, and second-degree recklessly endangering safety for the July 26, 2023, crash in the town of Gillett.
After testimony at a preliminary hearing Friday, Mihalski was bound over for trial. Arraignment is scheduled for Aug. 25, court records show.
According to the criminal complaint, police responded to the vehicle vs. motorcycle crash on State 22. The victim was identified as Shawn Luther, 43.
“Caleb stated he was following the semi and went to pass it. Caleb stated he saw a faint light ahead but assumed it was a car missing a headlight at a further distance. Caleb stated he went to pass the semi and that was when he struck the motorcyclist,” the complaint states.
Dash cam video from the semi was reviewed.
“As the semi is traveling at approximately 45 miles per hour you can see in the distance a headlight traveling southbound on STH 22. You can observe that there was passing lane but a few seconds before the accident occurs that passing lane ends. The video is one camera on the roadway and the other camera is pointed on the driver. The top right corner of the video of the driver, you can observe the motorcycle pass the semi and the white vehicle hit the motorcyclist head on,” the complaint states.
Mihalski’s car was travelling at about 72mph just before the crash, the complaint says.
While no signs of impairment were detected, a lab test revealed the presence of a controlled substance, Delta-9-THC, in Mihalski’s blood, the complaint states.
Those results were returned in October, 2023. The complaint offers no explanation why the charges were filed this week.
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