GREEN BAY, WI (WTAQ-WLUK) – Rather than go to trial next week without a prosecutor, several witnesses, and some of the victims present, the state dismissed charges Friday against Kelton Snulligan for a double-fatal, high-speed drunk driving crash. The charges will be re-filed.
Snulligan, 23, faces 16 charges, including two charges of homicide by intoxicated use of a motor vehicle for the July 21, 2023 crash in Allouez. Trevor Hermon — a passenger in Snulligan’s car — and Luis Rios-Alvarado — who was driving the vehicle Snulligan struck — were killed in the crash, while several others were injured.
His trial was scheduled to start Monday, but earlier this week, prosecutors asked for a delay.
“There are issues with some of our witnesses being unavailable next week or on the days we would need them to testify, notably a law enforcement officer and the medical examiner; however, our request for an adjournment is primarily due to District Attorney David Lasee, my co-counsel on this case, being out of the office next week. We had discussed trying to get another attorney up-to-speed to try this case with me next week, but due to the complexity of the issues in this case it was decided that would not be feasible. Therefore, the State respectfully requests that the jury trial be rescheduled to a new date,” wrote Asst. District Attorney Eric Enli on Wednesday.
Enli also said in court Friday that emergency health issues would prevent some of a victim’s family members from being in court next week.
On Thursday, defense attorney Jason Luczak asked that trial go on as planned.
“The defense has been preparing for trial, subpoenaed its necessary witnesses, paid its expert nonrefundable fees, and booked hotel stays that are also nonrefundable, all with the understanding that this matter would go to trial as scheduled. To adjourn the matter at this juncture would cost Mr. Snulligan several thousand dollars that he will never recover, not even including the substantial attorneys’ fees related to trial preparation that will need to be duplicated ahead of the next scheduled trial. The State has been aware of this trial date for nearly seven months, was consulted at the time of scheduling, and has been asked at each status hearing by the court about its preparation for trial, never once notifying the court of this conflict. As such, Mr. Snulligan respectfully implores this court to deny the State’s request to adjourn the trial,” Luczak wrote.
In court Friday, Judge Donald Zuidmulder noted Snulligan is presumed innocent, but has been sitting in jail for more than a year. The trial has been postponed twice already, and 90 prospective jurors have already been summonsed, so he denied the state’s request to delay Monday’s trial.
“I’ve granted continuances on this case on two occasions for other reasons, when won’t there be a reason that somebody asks me to adjourn the case? Whether it’s the state or the defense. So, I am placed in an impossible position,” he said.
Enli said the state doesn’t feel it’s in a position to go forward Monday.
“I feel that I have no choice then, at this point, but to make a motion to dismiss this case without prejudice, so the state can re-file, and proceed that way,” Enli said.
If the charges are re-filed, the entire process would start over with an initial appearance.
Judge Zuidmulder did not address Snulligan’s bond. As of Friday morning, Snulligan is still listed on the jail roster.
According to the criminal complaint:
One of the passengers in the vehicle Snulligan was driving told police they had been drinking. They were concerned one of the group had alcohol poisoning, so they were headed to Bellin Hospital.
The owner of the Mercedes-Benz which Snulligan was driving was riding in the front passenger seat.
“As we approached the intersection, a small black car, like a Ford Focus, turned left from the oncoming lane across our path. They seemed to hesitate before turning. We were most likely going faster than the speed limit,” the passenger said. “I recall that we were going more likely faster than 55 MPH.”
The same passenger “described the crash and that if they had been going slower, that the vehicle which turned in front of them probably would’ve made it through the intersection,” the complaint states.
At a previous court hearing, a prosecutor said lab results showed Snulligan had a BAC of .097, higher than the legal limit of .08.
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