A Krakow man was charged July 27 with homicide and reckless endangerment in connection with a July 2023 crash that killed a Bonduel man in Oconto County.
Caleb Mihalski, 21, is accused of striking a motorcyclist head on while trying to pass a semi outside of a passing zone in the Town of Gillett on July 26, 2023. He faces one count of homicide by vehicle with use of a controlled substance and one count of second-degree recklessly endangering safety.
Shawn Martin Luther, 43, of Bonduel, formerly of Gillett, died as a result of the crash.
According to the criminal complaint, police responded to the vehicle vs. motorcycle crash on state Highway 22 at about 9:20 p.m.
“Caleb stated he was following the semi and went to pass it,” according to the complaint. “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.”
Mihalski said that when he pulled out into the oncoming lane of traffic, he realized the vehicle coming toward him was a motorcycle. He also realized he did not have enough time to safely pass the semi-truck and also could not avoid striking the motorcycle.
A dash camera 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,” according to the complaint. “You can observe that there was passing lane but a few seconds before the accident occurs that passing lane ends. … (Y)ou can observe the motorcycle pass the semi and the white vehicle hit the motorcyclist head on.”
The complaint notes that at the scene and later at the hospital, there were no signs or belief that Mihalski was intoxicated or impaired. However, a blood sample was taken for an evidentiary chemical test.
The lab test revealed the presence of a controlled substance, Delta-9 THC, in Mihalski’s blood, according to the complaint.
The Wisconsin State Patrol Collision Analysis and Reconstruction Report indicated the accelerator pedal of Mihalski’s Chevrolet Malibu was released about a second prior to the impact and the brake switch remained off for the entire recorded period. The last recorded speed showed the Malibu traveling about 72 mph just prior to impact.
kpasson@newmedia-wi.com
