Accused driver had received license only weeks before deadly crash, case moves forwardSubmitted: 07/31/2014

Adam Fox
10 p.m. Anchor/Reporter

CRANDON - The case against an 18-year-old Laona man will go ahead after a Forest County judge found enough evidence to move forward Wednesday.

Austin Ginter, 18, faces reckless homicide charges in Forest County after a car crash killed 15-year-old Chance Harcus. Another 16-year-old girl was also injured in the July 13th car crash on Old 8 Road west of Crandon.

New information from a preliminary hearing Wednesday shows that Ginter only had his driver's license for two weeks before the crash.

Wisconsin State Patrolman Justin Bender testified for the prosecution. He was the officer that reconstructed the car crash. He says the car was going at least 114 miles per hour when the driver lost control, but could have been going as fast as 126 miles per hour.

The Special Prosecutor Jodie Bednar-Clemens argued that Ginter was driving the car without thinking of the passengers' safety.

"Clearly, when you are going 120 miles an hour, on a 35 mph road, which is extremely hilly, you're traveling over the center line, you've got somebody in the vehicle who is begging you to slow down and refusing to do it, I think that is criminal recklessness," Bednar-Clemens said.

The criminal complaint shows that the 16-year-old surviving passenger told an officer she had her eyes closed and didn't want to be there before the crash. It also said that she had told Ginter to slow down earlier in the car trip, which he did in that instance.

But the 16-year-old testified for the defense in court, and testified she never said a word to Ginter about speed or anything.

"I never begged, I never said a word (to Ginter) until I felt the car swerve," the girl said in testimony.

Brian Bennett, Ginter's defense attorney, argued that was enough to stop the case.

"That witness has been subpoenaed, she is out in the hall today and she will testify that, what the state just said is not in fact the case," Bennett said.

The surviving passenger also said the car felt like it was going 60 mph before the crash, even though her eyes were closed, but the re-creation expert from the state patrol put the speed at 114-126 mph.

The criminal complaint had also showed that the 16-year-old girl had told an officer her eyes were closed before the crash because she was nauseous.

The prosecution attributes that sickness to the extremely high speed they believe Ginter was driving, but the girl testified that was out of context.

She said she always gets nauseous while riding in cars, so she frequently closes her eyes to deal with the sickness. That became an issue with Judge Leon Stenz.

According to testimony, the car that was crashed was under the girl's father's name, but she said she was making payments for it. Stenz asked if she had the same type of nausea while she was driving. She said it did happen, but she could control it, and if she couldn't she would pull over to the side of the road.

There had also been testimony from the 16-year-old girl that Ginter was her best friend, and that he had recently moved into her family's home.

After more than an hour in court, Judge Stenz decided there was enough evidence for the case to go ahead. Ginter could spend 60 years in prison if convicted of the charges. He'll be back in court in August.

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