a

State of WisconsinDfCircuit Court Walworth Gounty

STATE OF WISCONSIN

-VS-

Craig M Seefeldt534 W Whitewater StWhitewater, Wl 53190DOB: 09/10/1963Sex/Race: MAiVEye Color: BlueHair Color: BrownHeight: 5ft11inWeight: 170 lbsAIias:

Plaintiff,CRIMINAL COMPLAINT

DA Case No.: 2013W1002339Assigned DfuADA'Diane M DonohooAgency Case No.: 13-034361Court Case No.: 13CF q88

V@oTl b!r.^ol.;"\ ibffiAz_eftT of the Watworrh County Sheriffs Office, beingfirst duly sworn, on informatisn and belief, states tha*

Count 1: HOMICIDE BY INTOXTCATED USE OF A VEHTCLE

The above-named defendant on sunday, october 13, 2013, in the Town of whitewater,Walworth County, Wisconsin, did cause the death of Melissa J Patrick, by the operation ofa vehicle while under the influence of an intoxicant, contrary to sec. g4O.0O(t ya; Wis.Stats., a Class D Felony, and upon conviction may be fined not more than One'HundredThousand Dollars ($'100,000), or imprisoned not more than twenty five (25) years, or both.

And furthermore, invoking the provisions of Wisconsin Statute 343.31(SXc), upon conviction, the departmentshall revoke the defendant's operating privilege for five (5) years.

Count 2: SECOND DEGREE RECKLESS HOM|C|DE

The above-named defendant on Sunday, October 13, 2013, in the Town of Whitewater,Walworth County, Wisconsin, did recklessly cause the death of another human being,contrary to sec. 940.06(1) Wis. Stats., a Glass D Felony, and upon conviction ,.y befined not more than One Hundred Thousand Dollars ($tOO,OOO), or imprisoned not morethan twenty five (25) years, or both.

COUNT 3: OPERATING WHILE INTOXIGATED CAUSING INJURY - 2ND ANDSUBSEQUENT OFFENSE

The above-named defendant on Sunday, October 13, 2013, in the Town of Whitewater,Walworth County, Wisconsin, as a person having one or more prior convictions,suspensions, or revocations, as counted under s. 343.307 (1)since January 1, .1ggg, didcause injury to AJP DOB 06111/1999 by the operation of a vehicle whlle under theinfluence of an intoxicant, contrary to s. 346.65(3p) and, contrary to sec. 346.63(2)(a)1

10l16l2}n

STATE OF WISCONSIN - VS - Craig M Seefeldt

Wis. Stats., a Class H Felony, and upon conviction may be fined not more than TenThousand Dollars ($10,000), or imprisoned not more than six (6) years, or both.

And furthermore, invoking the provisions of Wisconsin Statute 343.31(3)(e), upon conviction, the departmentshall revoke the defendant's operating privilege for not less than one (1) year nor more than two (2) years. ln

addition, the defendant will be required to undertake an alcohol and drug abuse assessment, and followthrough with treatment recommendations as a condition of reinstatement.

PROBABLE CAUSE:

'1) Your complainant makes this complaint based upon the following, all of which yourcomplainant believes to be reliable. The information in this complaint does not exhaustyour complainant's knowledge of this incident.

2) Complainant has reviewed the repofis of Deputy Juan Orliz, which reflect that onOctober 13,2013, Deputy Ortiz responded to a report of a vehicle crash on Highway 89,near lsland Road in the Town of Whitewater, Walwotlh County, Wisconsin. Deputy Otlizrepofts that upon arrival, he observed a red Chevy Malibu parked diagonally facingsouthbound in the northbound lane of Highway 89 with severe front end damage. DeputyOrtiz further reports observing a grey Ford Freestyle SUV resting on its roof in the westside ditch line.

3) Deputy Orliz reports that he spoke to a juvenile female identified as AJP, DOB0611111999. AJP stated that she was a passenger in the SUV and that Melissa J. Patrick,an adult female was driving the vehicle. AJP stated that they were about to pull into herfather's residence on Highway 89. AJP stated that they were slowing down to turn into thedriveway and the next thing she remembered was a car striking them from behind. AJPstated this caused the SUV to flip over into the ditch. AJP stated that her leg was hurtingand Deputy Orliz further repofts observing several cuts on AJP's face.

4) Deputy Ortiz repods that he spoke to EMS personnel on the scene who reported thatthe adult driver, Melissa J" Patrick, had been pinned under the SUV, and that theyrequested additional equipment which they used to extract Melissa Patrick from under thevehicle. Deputy Orliz reports that an EMS worker asked him to contact the coroner asthey were unable to revive Melissa Patrick and that she was deceased.

5) Deputy Ortiz reports that he approached an adult male who was identified as Craig M.

Seefeldt, hereinafter the defendant. Deputy Ortiz asked the defendant to tell him whathappened. The defendant stated that he did not know what happened. He stated that hewas just driving down the road and his airbags went off. Deputy Oftiz asked the defendantif he hit another car or if another car hit him. The defendant stated that another car hit himand that it must have been coming from the other direction. Deputy Ortiz reports that heasked the defendant if the defendant struck another vehicle from behind and the defendantstated that he did not because another car hit him.

6) Deputy Oftiz reports that he detected a very strong odor of intoxicants coming from thedefendant's breath durlng this conversation and noted that the defendant's eyes wereglossy. Deputy Orliz reports that the defendant kept adjusting his feet as if to control his

balance to prevent him from stumbling. The defendant stated that he had consumed threebeers that day and was on his way tc a friend's house. Deputy Ortiz reports that he asked

1011612013

STATE OF WISCONSIN - VS - CraigM Seefeldt

the defendant to submit to field sobriety tests to make sure it was safe for him to beoperating a motor vehicle and the defendant agreed to do the tests.

7) Deputy Ortiz reports that he asked the defendant to submit to the Horizontal GazeNystagmus test" Deputy Ortiz reports that he explained the direetions to the defendantand the defendant performed the test. Deputy Ortiz reports observing six out of a possiblesix clues on the test which Deputy Ortiz reports indicates that the defendant showedimpairment. Deputy Ortiz next asked the defendant to perform the walk-and-turn test.Deputy Ortiz explained the directions of the test to the defendant and asked the defendantto stand in a certain position while the directions were given" Deputy Ortiz reports that thedefendant got into the starting position and quickly lost his balance stepping to the left twotimes. Deputy Ortiz continued to explain and demonstrate the remainder of the test to thedefendant and then asked hirn to begin the test. Deputy Ortiz reports that the defendantperformed the test and exhibited four clues on the test, which indicates impairment.

B) Deputy Ortiz reports that he asked the defendant to submit to the one leg stand test.Deputy Ortiz reports that he demonstrated the test to the defendant and askLd him toperform it. Deputy Ortiz reports that the defendant did perlorm the one leg stand test andexhibited two clues on the test which showed impairment.

9) Deputy Ortiz then asked the defendant whether the defendant would submit to apreliminary breath test. The defendant stated that he would perform the test. Deputy Ortizreports that the defendant provided what he described as a very weak breath sample andthat the result of the test was .200%.

10) Deputy Orliz reports that the defendant was advised that he was under arrest forHomicide by lntoxicated Use of a Vehicle and Operating a Motor Vehicle while lntoxicatedcausing injury. Deputy Ortiz reporls that the defendant was transported to LakelandMedical Center, that he read the lnforming the Accused Form to the defendant and that ablood sample was requested from the defendant. Deputy Ortiz reports that the defendantrefused a chemical test of his blood. Deputy Ortiz reports that he applied for and obtaineda search warrant to obtain a sample of the defendant's blood. Deputy Ortiz advised thedefendant that there would be two blood draws taken from hirn. Deputy Ortiz reports thatthe defendant stated in an aggressive tone, "You are not taking my blood." Deputy Ortizexplained to the defendant that the Deputy had a signed warrant from a Circuit CourtJudge allowing the blood draw to occur. The defendant responded that he did not careand that the Deputy was not getting his blood. Deputy Ortiz reports that the defendantcontinually stated that he was not letting anyone take his blood without the warrant beingread to him. Deputy Ortiz repods that he called for assistance asking for additionaldeputies to arrive on the scene. Deputy Orliz reports that upon arrival of several more lawenforcement officers, the defendant's attitude changed and he did allow the blood draw tooccur without incident.

11) Deputy Ortiz reports that he was advised that fellow members of the Walworth CountySheriff's Office were remaining on the scene conducting an investigation into the crash.

12) Complainant has reviewed pre-crash data reports prepared from the event datarecorder recovered from the defendant's vehicle. According to Deputy Jonathan Albrechtwho prepared the documents, the data reports reflect that at 2.5 seconds before impact,

10/t612013

STATE OF WISCONSIN - VS - Craig M Seefeldt

the defendant's vehicle was traveling at 91 mph. Complainant reports that the postedspeed limit at that location is 55 mph. Additionally, the event data recorder informationreflects that at 0.5 seconds before impact, the defendant's vehicle was still traveling at arate of 63 mph.

13) Complainant repofts that according to Sergeant William Melloch, a Walworth CountySheriff's Deputy who was also on the scene, Sergeant Melloch observed Melissa Patrick'svehicle while it was at rest on its roof. Sergeant Melloch repofts that the key was still in thevehicle and the engine was still engaged in the drive position. Sergeant Melloch reportsthat he could visibly see that the blinker indicating the turn was stillfunctioning.

Subscribed and sworn to before me,and approved for filing on:

rnis\,[dfu dpy or

Assistant D

State Bar No. for Assigned DtuADA' 1018090

t0116120t3