December 16, 2015 at 4:52 p.m.
Complaint: Suspect in Friday rollover crash high on inhalants
Complaint: Suspect in Friday rollover crash high on inhalants
Michael A. Truby, who moved to Harshaw July 1 from California, made his initial appearance Monday before Branch I Judge Patrick O'Melia.
He is charged with operating while intoxicated causing injury (first offense, with a minor child in vehicle), a felony, and misdemeanor charges of reckless driving causing injury and intentionally abusing a hazardous substance.
According to the complaint, at approximately 9:45 a.m. Dec. 11 Oneida County Dispatch received a report of an accident on State Highway 17 south of County Road P. Several members of the Oneida County Sheriff's Office arrived at the scene within minutes of the report where a pickup truck bearing New Hampshire plates had rolled over onto the driver's side and come to rest on the east side of Highway 17 over a creek. They found Truby standing outside of the vehicle holding his infant daughter. They also found a woman trying to climb out of the wrecked truck.
After first responders were able to extract the woman from the truck, she and the infant were placed on backboards and transported to Ministry St. Mary's Hospital. While Truby was being questioned by deputies, he, too, was placed on a backboard and transported to the hospital. The complaint alleges that Truby was showing signs of chemical intoxication at the scene and on the way to the hospital.
Truby told deputies he could remember little of what happened after he and his party left an area eatery between 8:45 and 9 a.m. Upon further questioning, he said he heard grinding/ screeching noses coming from the brakes of the truck and he rolled down the window to try to determine where it was coming from. While doing this, he said he turned onto Ohlson Lane and drove to where a gravel pit was once located. He said he stopped there, got out of the truck and smoked a cigarette. When he started back up the hill, "the vehicle went along the hillside taking out approximately 15 pine trees, crossing Ohlson Lane, driving down through the west side ditch of Highway 17, crossing both northbound and southbound lanes of travel as well as the median" before it rolled onto its side, the report said.
Truby allegedly admitted to the deputies he "huffed" an aerosol cleaner by spraying it into a bag and then inhaling the fumes at about 8 a.m., but could not remember if he "huffed" again while having the cigarette after he stopped at the gravel pit.
According to the report, Truby consented to a blood draw at about 11:45 a.m. before he was arrested.
At his initial appearance before O'Melia, Truby said he and the woman had moved to Wisconsin on July 1 and their infant daughter was born in October. He said the woman's ex-husband, who lives in New Hampshire, had recently given her the truck and they hadn't had time to register it in Wisconsin.
Assistant district attorney Steve Michlig told O'Melia that records show Truby has several prior convictions in California.
Michlig requested a cash bond be set for Truby, due to the seriousness of the accident.
Public Defender John Voorhees asked that a signature bond be set, arguing it is not clear if alcohol or drug use caused the accident.
O'Melia said the seriousness of the accident, the fact that there was an infant in the truck at the time and that the woman is still in the hospital, makes this a situation where a cash bond is required.
He then set a $1,500 cash bond with a condition that Truby is not to possess aerosol products.
At an adjourned initial appearance on Tuesday after consulting with Truby, Voorhees again argued for a reduction of bond.
O'Melia denied the request.
A preliminary hearing was scheduled for Dec. 18.
If convicted of the felony, Truby faces not less than 60 days and up to two years imprisonment and a fine of not less than $600 and up to $4,000.
The misdemeanors cary maximum jail terms of 30 days and nine months in jail.
Jamie Taylor may be reached at [email protected].
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