September 22, 2022 at 11:23 a.m.
Final pretrial conference set in OWI homicide case
Final pretrial conference set in OWI homicide case
By River News Staff-
According to court records and previous testimony, Christopher A. Gore and a passenger were traveling westbound on State Highway 70 in Minocqua on July 12, 2020 when their vehicle entered a ditch, fish-tailed and struck a driveway embankment. The vehicle rolled several times and the passenger, a 47-year-old man, was pronounced dead at the scene.
Charges, including homicide by intoxicated use of a motor vehicle and homicide by use of a motor vehicle with a prohibited blood alcohol concentration, were filed against Gore on Sept. 9, 2020.
A preliminary hearing in the case was held in Nov. 13, 2020 at which time Minocqua police officer Devon Gaszak relayed his observations from the moment he arrived on scene through Gore's transport to the hospital by ambulance. He testified that he detected the odor of intoxicants coming from Gore. However, Gore could not be put through field sobriety tests due to his injuries.
Lt. Jason Benbenek of the Minocqua Police Department testified he communicated with Gore at the hospital and secured the blood sample, the results of which showed Gore had a blood alcohol level of .239.
In April 2021, Gore's attorney Dennis Melowski filed a motion arguing that the blood test results should be deemed inadmissible due to a flaw in the "informing the accused" form Benbenek read to Gore before the sample was taken and because Gore's injuries left him unable to give informed consent.
Former Oneida County circuit judge Patrick O'Melia denied the motion following an evidentiary hearing.
Melowski appealed that decision to the Third District Court of Appeals in Wausau but his petition was denied.
Gore was last in court in late March at which time the parties indicated the three-day jury trial scheduled for December should remain on the calendar.
After O'Melia retired in August the case was transferred to Vilas County circuit judge Martha Milanowski, who presided over a pretrial conference Tuesday morning.
At that hearing, Oneida County district attorney Mike Schiek indicated the jury trial scheduled for Dec. 6-8 should remain on the calendar, however negotiations are continuing.
Milanowski responded by scheduling a final pretrial conference for 11 a.m. Nov. 22.
If convicted of the OWI homicide charge, Gore could be sentenced to up to 25 years in prison with a "presumptive mandatory minimum" of five years. He is free on a $25,000 signature bond.
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