Washout hearing rescheduled
Published 10:33 am Tuesday, December 30, 2008
A court hearing for the driver of the sport-utility truck that crashed into a washout on Freeborn County Road 34 has been moved once again.
It previously had been slated for Dec. 8. At that hearing, it was moved to Monday. And on Monday, Freeborn County District Court Judge John Chesterman agreed to schedule the hearing for the afternoon of March 2.
The driver, Charles Kenneth Dennison, appeared in the courtroom Monday with his lawyer, Cean F. Shands of West St. Paul.
Shands appeared with a cane and walked with a limp because he recently underwent knee surgery. He told Chesterman that because of the surgery and the birth of a child that he had not had time to negotiate with Freeborn County Attorney Craig Nelson. Shands said Dennison has waived his right to a speedy trial.
Dennison, 20, of Albert Lea, faces 15 felony counts stemming from the events of the night of June 29. He pleaded not guilty to the charges in October.
Chesterman commented Monday that it is among the longest lists of felony charges he has seen, saying that it “sets a record.”
Police reports say Dennison drove a 2003 Chevy Avalanche around the right side of “road closed” barricades on County 34 and 778 feet later was going 40 mph southbound when the sport-utility truck crashed into a washout, killing two passengers. The washout had been present on the eastern Freeborn County byway since heavy rains on the night of June 12.
Court files state Dennison — commonly called Kenny — was the driver that night, and his passengers were Nathan Buchli of Albert Lea in the front seat and four people in the back seat: Langdon Bachtle of Myrtle, Kelly Jo Abrego of Myrtle, Kelly John Pechumer of Alden and Broc Dempewolf of Albert Lea.
The court files state Dennison’s blood-alcohol level was found to be a 0.16 level when measured via blood sample two hours after the crash. All of Dennison’s passengers in the sport-utility truck were also under the influence of alcohol, according to the files. They had gone to a town festival in Lyle from Myrtle and were taking a roundabout way from Lyle to Myrtle.
Abrego and Pechumer died as a result of injuries sustained in the wreck. The others suffered injuries. Dennison suffered injuries, too. Abrego is Dennison’s aunt and her three children are his cousins.
After the hearing, Shands said Dennison has recovered from his physical injuries but still has emotional wounds.
“It’s tough for him. He had family die in the crash,” Shands said.
The lawyer met with Dennison’s family outside the courtroom. He said he told them to continue their therapy and to be prepared for the coming steps of the legal system.
“Time is generally their friend,” he said.
Dennison faces mainly five charges, but each are filed in three ways — a typical way of prosecuting cases relating to drunken driving because of varying methods to prove drunkenness. Vehicular homicide accounts for six of the 15 charges, three counts for Abrego and three for Pechumer. One conviction of vehicular homicide carries a maximum of 10 years imprisonment and a $20,000 fine. The other nine charges are criminal vehicular operation causing substantial bodily harm, three counts for each of the three injured passengers. A single conviction of criminal vehicular operation carries a maximum penalty of three years in prison and a $10,000 fine.
If he is convicted on three counts of criminal vehicular operation and two counts of criminal vehicular homicide, he potentially could face 29 years in prison and a $70,000 fine.