August 2, 2021 at 11:09 a.m.
Reiche sentenced to probation in connection with fatal UTV crash
Bloom: 'The entire record shows the defendant is a person of good character'
Reiche sentenced to probation in connection with fatal UTV crash
Brenda S. Reiche will serve three years probation and perform 100 hours of community service after pleading no contest to one count of homicide by intoxicated use of a vehicle. The sentencing decision came after both of Reiche's children, her mother and the mother of the man who was killed offered eloquent statements acknowledging the price she has paid, and will continue to pay, for an accident that will haunt her forever despite her inability to recall a second of it.
According to statements made during the July 23 hearing, it was a highly unusual situation on Aug. 4, 2018 that resulted in Reiche being behind the wheel of a UTV and Rietz, her signifcant other, in the passenger seat.
In her statement to the court, Reiche said she has no memory of the accident and has no idea why she was driving, as Rietz was emphatic about always driving the two, but accepts full responsibility for the accident.
According to the complaint, the two were at a golf tournament before stopping at a tavern on Prairie Rapids Road and then to see a relative prior to the crash. After leaving the relative's home, the UTV was northbound when it failed to negotiate a curve on a rain-soaked road, going onto the roadside before veering back onto the road, according to the complaint. An overcorrection tipped the UTV onto its passenger side before it went briefly airborne and then struck a tree head-on. Wisconsin State Patrol accident reconstruction experts determined the UTV was traveling at an estimated 47 to 55 mph and that Reiche was driving. Rietz was pronounced dead at the scene.
Later, Reiche's blood alcohol concentration was found to be .236 percent, according to the criminal complaint.
In her sentencing statement, Rietz's mother referred to the defendant as "our Brenda" and noted that the family has no desire to see her incarcerated.
"We understand that the state's position is that Brenda was driving at the time of the accident. Your Honor, that does not matter to us," she told circuit judge Michael Bloom. "This was a horrible accident and we all wish we could turn the clock back and change the outcome. But we can't. I can't emphasize enough that we never wanted Brenda to be charged for this accident. We asked all along the way who is pushing this, because we certainly aren't."
She stated that her son always did the driving and the fact that Reiche took the wheel that night means he must have been significantly impaired himself, she said.
"If punishment is the goal, we feel she has spent the last three years being punished, and that punishment will be with her for the rest of her life in so many ways," she continued. "We don't know how she has endured everything she has gone through. We spent so much time watching her grieve, watching her adjust to her injuries (Reiche lost a leg as a result of the accident) and going through three years of hell not knowing what the outcome would be legally."
She asked Bloom to give Reiche the minimum sentence and no prison time.
Reiche's children also addressed the court, describing their pain over the loss of Rietz, who they considered to be their stepfather, and their concerns for their mother's future. Reiche's daughter ended her remarks with a prayer for the families to experience healing no matter the outcome of the hearing.
Reiche's mother told the judge her daughter can still make a positive contribution to society.
"Our hearts continue to be heavy with the loss of Adam's life, and that will never change," she said. "Adam and Brenda had a very special relationship, you could see that."
While enduring her grief over the loss of Rietz and the knowledge that she was behind the wheel, Reiche also had to recover from the injuries she had sustained in the crash, her mother said. She told the judge that it took two separate accident reconstruction reports for her daughter to accept that she driving the UTV when it crashed, and that realization triggered a spiral into depression.
"So her grief, obviously, has reinstated itself, and she has had to do a lot of soul-searching since then," she said, noting that she is concerned about what the future holds for her daughter. "I want her to survive the accident more than just not being killed in the accident," she said. "But rather, a survival that speaks to her ability to lead a meaningful and productive life."
She told the judge that Reiche needs ongoing medical care due to the leg amputation and to afford the insurance that has covered a lot of the costs she needs to maintain her current job.
"I just ask, Your Honor, that you consider her future health care needs in whatever your sentencing decision," she said.
In his remarks, district attorney Mike Schiek stressed that he has a responsiblity to prosecute these cases, as difficult as they are, but noted candidly that he was unsure what sentencing recommendation to offer in this situation.
"I don't know what my argument should be," he said, before ultimately concluding that he would leave that difficult decision in the hands of the court. "To be honest, when we proceed at sentencing, typically the victim sits next to me, or the family. That was not the case (today). But I think it is important that the court consider what they had to say. It's very emotional for them. It's emotional for me. But we do have a victim here, judge, and we can't lose sight of that."
Defense attorney Gary Cirilli recounted the events of Aug. 4, 2018, noting that Rietz had done all of the driving until the last stop and the accident took place a half mile from where Reiche took over the driving duties.
"As the witnesses have said, she has already been punished," Cirilli said. "She lost her leg, she's got a lot of medical problems. She lost the love of her life."
Reiche sobbed while making her statement to the court.
"There are no words to describe how I am feeling," she said, voice shaking. "I feel grief and sadness and fear at the thought that I bear responsibility."
Reiche said she spent the last 34 months denying that she was the driver at the time of the accident and just a few months ago had to "face the reality that it was my fault and that I was driving."
"I'm afraid to go to jail, that goes without saying, and I pray for my kids if that happens. I'm afraid for my family, I'm afraid for myself," she added, stressing that she is living with the consequences of her actions every day.
Faced with the burden of crafting a just sentence, Bloom was blunt in explaining his duties as a judge as well as the unique set of facts before him.
"While the fact this individual died is very relative to the sentence, it does not put this case on the same podium necessarily than any other case," he noted.
He said that the charge of homicide by intoxicated use of a vehicle is a different crime statutorily from homicide by intoxicated use of a motor vehicle. The judge also said the reason the legislature decided to differentiate between ATV/UTVs and cars and trucks when it comes to alcohol-related fatal accidents is unknown. Although a new law was signed recently that would stiffen penalties for ATV/UTV cases, it doesn't apply in this case because it happened before the law was signed.
Bloom also noted that he had variety of sentencing options available to him because "individualized sentencing is the cornerstone of the Wisconsin criminal justice jurisprudence."
"No two convicted felons stand before the sentencing court on identical ways in no two cases on identical factors," Bloom quoted from the ruling.
"The entire record shows the defendant is a person of good character," Bloom said, noting that Reiche had a spotless record prior to the evening of Aug. 4, 2018. "There is really nothing in the record to disprove her good character."
Even when considering the gravity of the offense, Bloom said there was nothing "vicious" in Reiche's actions, and based on the letters in support of her character, she has lived a life to be admired.
He also noted her apparent remorse.
"It would be malpractice judicially to not find that the defendant is remorseful, in my judgment," he said.
Case law instructs sentencing judges to consider probation as the first option unless the situation warrants the incarceration of the individual to protect the public. In his judgment, incarceration of Reiche is not needed to protect the public, he said.
"This is a relatively unique circumstance. Given the unique personal circumstances of this case, I find that it would not unduly depreciate the seriousness of the offense (to order probation)," he added.
He then withheld sentence and ordered Reiche to serve three years probation. She must also perform 100 hours community service, and Bloom indicated he would prefer if her community service involves educating others about drunk driving. He also assessed a $1,000 fine and other costs and revoked Reiche's driver's license for five years.
Jamie Taylor may be reached via email at jamie@rivernewsonline.
com.
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