STATE OF WISCONSIN CIRCUIT COURT LA CROSSE COUNTY - Worldnow

STATE OF WISCONSIN CIRCUIT COURT LA CROSSE COUNTY

STATE OF WISCONSIN Plaintiff, CRIMINAL COMPLAINT
-vs-
CASE NO.: 14CF669
FRANCIS E RYCHTIK SR, DOB: 08/23/1978
6290 Park Ln DA Case No.2014LC003077
Arpin, WI 54410 Assigned DA/ADA: John W Kellis

Agency Referral:
ATN:32000000250995

Defendant.

SEX: M RACE: W Height: 6 ft 0 in Weight: 200 lbs HAIR: Brown EYES: Brown OTHER:

Trooper Robert Koenen, Wisconsin State Patrol, being first duly sworn on oath says that on

information and belief:

Count 1: HOMICIDE BY INTOXICATED USE OF A VEHICLE WHILE HAVING PRIOR
INTOXICANT-RELATED CONVICTION/REVOCATION: The above-named defendant on or about
Thursday, July 24, 2014 at 7:48 AM, at I-90 EB/0.1 Miles West of CTH B, in the Town of Campbell, La
Crosse County, Wisconsin, did cause the death of Jason S., by the operation of a vehicle while under
the influence of an intoxicant, and has one or more prior convictions, suspensions, or revocations, as
counted under s. 343.307 (2)., contrary to sec. 940.09(1)(a) and (1c)(b), 939.50(3)(c) Wis. Stats., a
Class C Felony, and upon conviction may be fined not more than One Hundred Thousand Dollars
($100,000), or imprisoned not more than forty (40) years, or both.

And furthermore, invoking the provisions of Wisconsin Statute 343.31(3)(c), upon conviction, the
department shall revoke the defendant's operating privilege for five (5) years.

And furthermore, invoking the provisions of Wisconsin Statute 343.301(1g), the court shall order a
person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles
that are equipped with an ignition interlock device and, except as provided in 343.301(1m), shall order
that each motor vehicle for which the person's name appears on the vehicle's certificate of title or
registration be equipped with an ignition interlock device.

Count 2: HOMICIDE BY INTOXICATED USE OF A COMMERCIAL MOTOR VEHICLE WITH PAC -
PRIOR INTOXICANT CONVICTIONS: The above-named defendant on or about Thursday, July 24,
2014 at 7:48 AM, at I-90 EB/0.1 Miles West of CTH B, in the Town of Campbell, La Crosse County,
Wisconsin, did cause the death of Jason S., by use of a commercial motor vehicle with an alcohol
concentration of 0.04 or more, but less than 0.08, and has one or more prior convictions,
suspensions, or revocations, as counted under s. 343.307(2), contrary to sec. 940.09(1)(bm) and (1c)
(b), 939.50(3)(c), 343.301(1g) Wis. Stats., a Class C Felony, and upon conviction may be fined not
more than One Hundred Thousand Dollars ($100,000), or imprisoned not more than forty (40) years,
or both.

And furthermore, invoking the provisions of Wisconsin Statute 343.31(3)(c), upon conviction, the
department shall revoke the defendant's operating privilege for five (5) years.

And furthermore, invoking the provisions of Wisconsin Statute 343.301(1g), the court shall order a
person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles
that are equipped with an ignition interlock device and, except as provided in 343.301(1m), shall order
that each motor vehicle for which the person's name appears on the vehicle's certificate of title or
registration be equipped with an ignition interlock device.
Count 3: HOMICIDE BY NEGLIGENT OPERATION OF A VEHICLE: The above-named defendant
on or about Thursday, July 24, 2014 at 7:48 AM, at I-90 EB/0.1 Miles West of CTH B, in the Town of

STATE OF WISCONSIN CRIMINAL COMPLAINT

V.

Francis E Rychtik Sr Page 2 of 3

Campbell, La Crosse County, Wisconsin, did cause the death of Jason S., by the negligent operation

of a vehicle, contrary to sec. 940.10(1), 939.50(3)(g) Wis. Stats., a Class G Felony, and upon

conviction may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not

more than ten (10) years, or both.

And the Department shall revoke the defendant's operating privilege for one (1) year, and shall order
the defendant to submit alcohol assessment and if necessary, to comply with treatment as a condition
of reinstatement.

Count 4: INJURY BY INTOXICATED USE OF A VEHICLE: The above-named defendant on or about
Thursday, July 24, 2014 at 7:48 AM, at I-90 EB/0.1 Miles West of CTH B, in the Town of Campbell, La
Crosse County, Wisconsin, did cause great bodily harm to Susanna H, by the operation of a vehicle
while under the influence of an intoxicant, contrary to sec. 940.25(1)(a), 939.50(3)(f) Wis. Stats., a
Class F Felony, and upon conviction may be fined not more than Twenty Five Thousand Dollars
($25,000), or imprisoned not more than twelve (12) years and six (6) months, or both.

And the Department shall revoke the defendant's operating privilege for two (2) years.

And furthermore, invoking the provisions of Wisconsin Statute 343.301(1g), the court shall order a
person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles
that are equipped with an ignition interlock device and, except as provided in 343.301(1m), shall order
that each motor vehicle for which the person's name appears on the vehicle's certificate of title or
registration be equipped with an ignition interlock device.

Count 5: INJURY BY INTOXICATED USE OF A MOTOR VEHICLE: The above-named defendant
on or about Thursday, July 24, 2014 at 7:48 AM, at I-90 EB/0.1 Miles West of CTH B, in the Town of
Campbell, La Crosse County, Wisconsin, did cause great bodily harm to Susanna H, by use of a
commercial motor vehicle, with an alcohol concentration of 0.04 or more, but less than 0.08, contrary
to sec. 940.25(1)(bm), 939.50(3)(f) Wis. Stats., a Class F Felony, and upon conviction may be fined
not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more than twelve (12)
years and six (6) months, or both.

And the Department shall revoke the defendant's operating privilege for two (2) years.

And furthermore, invoking the provisions of Wisconsin Statute 343.301(1g), the court shall order a
person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles
that are equipped with an ignition interlock device and, except as provided in 343.301(1m), shall order
that each motor vehicle for which the person's name appears on the vehicle's certificate of title or
registration be equipped with an ignition interlock device.

and prays that the defendant be dealt with according to law; that the basis for complainant’s

charge of such offense is:

FACTUAL BASIS:

COUNTABLE OFFENSES FOR PENALTY ENHANCER AND DETERMINING PROHIBITED

ALCOHOL CONCENTRATION: Your complainant has reviewed records available through the

Wisconsin Criminal Information Bureau, Wisconsin Department of Transportation and other available

sources and has noted that the defendant has the following convictions which may be counted as

offenses under Wis. Stat. §343.307 for enhancing the penalties and determining the prohibited alcohol

concentration of the above alleged offenses:

INC. CONV. DATE OFF. DATE JURISDICTION OFFENSE

1 07-19-2012 01-06-2012 Pennsylvania Operating While Intoxicated

STATE OF WISCONSIN CRIMINAL COMPLAINT

V.

Francis E Rychtik Sr Page 3 of 3

Trooper Parrott of the Wisconsin State Patrol states that he was assigned to investigate a fatal

accident occurring on Thursday, July 24, 2014 at approximately 7:48 AM on Interstate 90 near CTH B

in the Town of Campbell, La Crosse County, Wisconsin. As a result of the crash, six vehicles were

involved, one person was killed and two others were seriously injured.

Trooper Parrott identified the driver of a White GMC dump truck at the time of the crash as the
defendant, Frank Rychtik. Mr. Rychtik was traveling eastbound on I-90 and struck the rear most
vehicle in a line of cars which started a chain reaction. Four additional cars were struck as a result of
the crash.

The rear most vehicle was identified as a Ford Mustang driven by Jason S. who was pronounced
dead at the scene. The dump truck driven by the defendant struck the Ford Mustang and the two
vehicles continued as one unit striking a Ford Taurus driven by Susanna H. The vehicles then struck
a Dodge Durango, a Chevrolet van, and finally a semi-trailer. After the collision, the dump truck and
Ford Mustang veered into the median and started on fire.

Trooper Parrott states the driver of the Dodge Durango, Richard S. received bruised ribs, pain that
lasted a month, and had difficulty getting out of bed every morning from the injuries sustained in the
crash. The driver of the Ford Taurus, Susanna H., suffered two broken legs and internal injuries
including a transection of her pancreas.

A witness, Kora K. indicated she was following the defendant’s dump truck and they were travelling
about 54 mph right before the crash. She indicated dirt and rocks were flying off the dump truck so
she did not follow too close. She indicated the dump truck hit the cars with no braking.

Trooper Parrott states that he interviewed the defendant who stated he was working at the time for
B&R excavating, hauling sand in a dump truck, and was using his cellphone to view Facebook
postings right before the crash. He also indicated he drank alcohol heavily the night before the crash.
He admitted checking his smartphone three times once he was east of the bridge and the last two
checks of his phone were in the area of the pedestrian bridge, roughly 741 feet from crash.

Trooper Parrott states that Field Sobriety Tests were not administered, but the defendant submitted to
an evidentiary test of his blood after being read the informing the accused form. A test of the
defendant’s blood by the Wisconsin State Crime Lab indicated his BAC was .047 g/100mL at 10:55
AM on July 24, 2014.

Subscribed and sworn to before me and approved
for filing. Dated October 08, 2014

Trooper Robert Koenen John W Kellis, State Bar No. 1083400 Assistant
Wisconsin State Patrol District Attorney
COMPLAINANT La Crosse County, Wisconsin