August 5, 2019 at 4:31 p.m.
No contest plea entered in Three Lakes vehicular homicide case
No contest plea entered in Three Lakes vehicular homicide case
By River News Staff-
Pursuant to the plea agreement, Eric Labahn entered a no contest plea Friday to one count of homicide by intoxicated use of a motor vehicle.
Following an extended conversation wherein he was able to determine the defendant understood the rights he was waiving, Judge Michael Bloom accepted the no contest plea and found Labahn guilty. He then ordered a pre-sentence investigation and set sentencing for the afternoon of Oct. 10
According to the plea agreement, prosecutors have agreed to abide by the recommendation included in the pre-sentence report when they make their sentencing argument.
The defense is free to argue for whatever sentence it deems appropriate. The judge is not bound by either recommendation and could sentence the defendant to the maximum, 25 years with 15 years incarceration.
According to the criminal complaint, police were called to Military Road in Three Lakes just after 1 a.m. June 10, 2018 after a vehicle operated by Labahn struck a tree while swerving to avoid a deer. Labahn's passenger, Austin L. Lockwood, was pronounced dead at the scene. Open intoxicants were found inside the vehicle, the complaint states.
Labahn, who had a gash over his eye and complained of back problems, was transported to Eagle River Hospital where he refused a blood draw. A warrant was obtained and samples were drawn before he was airlifted to Wausau for further treatment, the complaint states.
According to testimony at the preliminary hearing, the lab reported Labahn's blood alcohol level was .117.
The first officer on scene also reported noticing signs that led him to believe Labahn was intoxicated.
"His speech was slurred and slowed and also there was an odor of intoxicant as we spoke," the officer testified at the preliminary hearing.
Labahn is free on a $10,000 surety bond pending sentencing.
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