Charges expected soon in OWI homicide case

By MIKE HEINE   Tuesday, Nov. 13, 2007
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Podcast Episode


Kyle Geissler talks with Janesville Gazette reporter Mike Heine about the possible charges facing a Badger High School student after a fatal Walworth County crash.

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Krystal Hart

— The Walworth County district attorney expects to file a charge of homicide by intoxicated use of a vehicle against a Badger High School junior by Wednesday.

Krystal A. Hart, 16, of Genoa City, is suspected of being drunk and driving head-on into another car on County H the early morning of Nov. 3. The driver of the other vehicle, Everardo Chimal Lopez, a 54-year-old landscaper from Delavan, died about an hour after the 2:43 a.m. crash.

Hart's blood-alcohol level on a breath test was 0.11 percent, District Attorney Phil Koss said. She also told police she had used marijuana earlier in the evening, he said.

Blood test results for drugs and alcohol are pending, Koss said.

A charge of homicide by intoxicated driving carries a maximum penalty of 25 years in prison and a $100,000 fine.

Koss also is considering charging misdemeanor possession of drug paraphernalia because a marijuana pipe was found in Hart's Mercury Sable, he said.

Although the person who gave Hart alcohol could be charged with providing alcohol to a minor, Koss said he couldn’t charge the person with party to homicide. Wisconsin statutes protect the alcohol supplier even if a person is killed or injured as a result of alcohol consumption, Koss said.

The state's Len Bias Laws, which allow for the prosecution of those who supply drugs that take a person's life, are not applicable, either Koss said. Those laws apply only if the user of the drugs—not a third party—dies from taking them, Koss said.

Police still are investigating where Hart was going to or coming from before the crash, Koss said.

She invoked her right to silence and sought counsel, Koss said.

"That leaves the investigation more troublesome, but we are still pursuing that," he said.

Hart is due in court for an initial appearance at 1 p.m. Thursday. She was released with a signature bond co-signed by her parents.







reader COMMENTS (31)
Often_Misunderstood
Nov 19, 2007 at 8:37 p.m.
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I feel her punishment should be severe. In addition to the other reasons there is this: It needs to be tough enough to convince others not to do what she did, a deterrent. Apparently the sentences handed out for such crimes are not harsh enough because people still take chances. I realize some people always will drive drunk no mater what the penalty but a harsh enough one will get many to stop taking the chance.

Blue21
Nov 19, 2007 at 2:14 p.m.
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I agree, chafertepe. Why protect a murderer? If someone sends a letter to her in anger, she deserves it. She is a killer.

chafertepe
Nov 19, 2007 at 1:44 p.m.
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her address is public record, wisconsin is an open record state, maybe she shouldn't have drove drunk then her address wouldn't be on here!!!

no
Nov 19, 2007 at 1:16 p.m.
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*Yeah send her to prison to be Institutionalized. That will surely teach her a lesson. She will come out more messed up than ever before. *

I've always been amused by this logic. By extending it across the board, it means "We can't send anyone to prison, because they will come out worse."

Luckily, there's a solution to this worry--it's called "life term without the possiblity of parole".

MOC0428
Nov 19, 2007 at 1:15 p.m.
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arein123:
Don't you think that the Gazette knows its limitation on posting addresses. If it were illegal or wrong it would not be posted. Even if the address wasn't posted to you really think it would be hard to find? I can find the name, address and phone number to about anyone I wanted if I was willing to shell out a few bucks into the reverse lookup sites.

If she is so much the victim as all her friends are posting then why worry about anyone seeking revenge? There should be no reason to go after her family according to all your logic that has been posted already.

DartPlayer07
Nov 19, 2007 at 12:58 p.m.
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Another question:
Koss also is considering charging misdemeanor possession of drug paraphernalia because a marijuana pipe was found in Hart's Mercury Sable, he said.

Did her parents know she carried a marijuana pipe in her car? Did they ever search her car? Was it her car, or her parents car?
Seems to me we should be pointing some fingers at their parenting skills.

DartPlayer07
Nov 19, 2007 at 12:54 p.m.
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If you are not reading the other post, you should be!
Bajazz writes:
I for one was at the party. I was with Krystal from 5-12:30 pm and I for one can name at least 20 kids at that party that are percieved as "good kids" but I bet their parents dont know where they were that night.and no one let Krystal leave the house. she said she was going out for a "cig" and then 20 minutes later I looked for her because she was my ride home. and when i saw she was gone I called her boyfriend and told him she left. then an hour later he called looking for her and thats when the party ended because we were all worried for her.

16yo and went outside for a "cig." So she smokes cigs, posts Myspace stuff about getting drunk, does pot, drinks, drives, and none of you think she belongs in jail?????
Let me stop laughing now. Her parents must be oblivious to what she has been doing.
Not to mention you all continued to party for another hour before the boyfriend called back asking for her and only THEN did you end the party, because you all got worried for her.
UNREAL!!
I hope more of the Badger kids that were there that night post here. I think there is more truths coming out. The truths that Krystal was told to shut up about, by a fancy attorney.

arein123
Nov 19, 2007 at 12:05 p.m.
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again, her address needs to be taken off.
what if the family does something as revenge to krystal?
then what would we do?
its basically indangering her.
you can't gaurentee her saftey.

afriend
Nov 19, 2007 at 11:52 a.m.
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she weill be sent to juvy until the day before her 19th birthday. then she wil lbe sent to the county jail.

Katie
Nov 16, 2007 at 10:28 p.m.
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I'm just curious, does anyone know if she would be sent to an adult prison or a juvenile?

peter2ruby4u
Nov 16, 2007 at 3:52 p.m.
(This comment was removed by the site staff.)
Laura70
Nov 15, 2007 at 6:27 p.m.
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I have no sympathy whatsoever for drunk drivers!!! I have lost 2 uncles, a cousin and my best friend to drunk drivers. My best friend was the mother of 3 little girls...the man that hit and killed her got 5 years.
To me, this is absolutely crazy! That means, if you want to kill someone - just go get drunk and hit them because you'll definately do less time than if you take a gun and shoot them.
I keep hearing people saying "oooh, she's so young, this will ruin her life" I don't care how old she is! She was old enough to know #1 that she shouldn't be drinking and #2 that she shouldn't drive while drinking.
This will also affect the family of the man she killed for the rest of their lives.
I hope she gets more than a slap on the wrist and community service - she needs to do time.

AliciaAnn71
Nov 15, 2007 at 4:44 p.m.
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Opps sorry just was spelled wrong

AliciaAnn71
Nov 15, 2007 at 4:42 p.m.
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evinsvillehousewife wrote: She's cute. She's white. She killed a minority. She'll get less than 3 years, thanks to our racist justice system.........

This is stupid. Why does everything have to be about nationality?????
I am sure she didn't know what color of skin Mr Lopez was when she hit him!!!!
This is about a young girl who took a life not because she is white she will only get this amount of time in jail....
Sorry this jsut gets under my skin.
Don't mean to offend anyone.
Just meant to make a statement...
IT IS NOT ABOUT COLOR!!!!!!!!

evansvillehousewife
Nov 15, 2007 at 3:46 p.m.
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She's cute. She's white. She killed a minority. She'll get less than 3 years, thanks to our racist justice system.

Pandow77
Nov 15, 2007 at 3:05 p.m.
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121390:
Krystal won't do 15 years for this (even though alot of us, including the man's family probably believe she should). I know a guy who did the exact same thing when he was young and he sat less than 4 years in jail and had another 3 years probation. Unfortunately that wasn't a long enough time because he still goes out drinking and drives!

lisamarie3680
Nov 15, 2007 at 1:27 p.m.
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all i have to say on this is i feel she deserves to do some kind of time...i know she probably feels the weight of the world on her shoulders now...but i feel she should be in jail...i know this has nothing to do with this story, but my little step brother did some stuff that was wrong, he robbed a store...and hes facing prison time...and here this girl ended up murdering someone...and people r saying for her to just get community service...i feel if she gets off that easy...i feel that my step brother is looking at a very long prison sentence and he is facing way too much time for a young kid thats not even 18 yet...he too is getting charged as adult as should this girl...i have so much against people who drink and drive...i was hit by a drunk driver, and i feel so mad cuz that lady had got off w/o getting anything out of it...along with my dad years ago, he was hit by a drunk driver and he didnt get squat done to him...here my dad has disfigureing marks on him for the rest of his life due to that drunk driver...so as i said i feel she deserves whatever she gets...

121390
Nov 14, 2007 at 3:52 p.m.
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all ihave to say is i cant believe it was krystal. its weird to know someone who has done something liek that. i feel bad for her, but dont get me wrong i have the greatest sympathy for the lopez family and freinds. but this is going to effect her life forever. To me this is just crazy. she was soo close to alot of the people i hang out with. and everyones going through a hard time trying to realize what has happened. i pray her and the lopez family. 15 years in jail for a 16 year old girl is ridiculous.. sorry to say it. but im 16. i could NOT imagine that. thats like double her life she has lived so far. i would rather die. as bad as that is to say. i feel so bad for her. even though we werent on the best terms when i saw her last. i still have sympathy for her. we can only find out more tomarrow when she goes to court.

cnj85
Nov 14, 2007 at 11:36 a.m.
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Blue 21: yeah i new my caps lock was on and it is cnj! Why are you wishing. You probably wouldn't be too bad!

ladyinjanesville
Nov 14, 2007 at 10:19 a.m.
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Justice for all. I apoligize. I should not have said everyone. I should have said most of us. I did not mean to insult anyone.

Blue21
Nov 14, 2007 at 8:50 a.m.
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First, CMJ, your caps-lock is on. I wish I were a judge, instead of just working around the court system. These people who get away, literally, with murder, would get their just punishment.
E-town, you are correct. Perhaps if she used her brain earlier this morning there wouldn't be a man dead.

cnj85
Nov 14, 2007 at 8:33 a.m.
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BLUE 21 MAYBE YOU SHOULD BECOME A JUDGE?

Justice4all
Nov 13, 2007 at 11:38 p.m.
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"Just about everyone of us has driven under the influence of a controlled substance (prescription drugs)or alcohol at one time or another. We have been fortunate that we were not involved in some type of accident. I hope and pray that she has learned from this tragedy."

I just thought I would comment on the above statement that was written below. I, for one have never been drunk EVER in my life. I have never taken an illegal drug, and am not addicted nor do I take pain killers on a reg. basis. I think comments like this that "everyone" has done it, is what is wrong with our society. We need good role models for our teens to follow. There is much more to life then getting drunk or ever drinking alcohol. If we would be better examples of how to celebrate with being able to remember the special times the next morning, maybe we wouldn't have so many in the mess that this young lady is. The most powerful role model for any child or teen is the same sex parent, then the opp. sex parent. Parents, we need to be leading by example and dilligent and active in our kid's lives!

Seabee
Nov 13, 2007 at 10:28 p.m.
(This comment was removed by the site staff.)
life911
Nov 13, 2007 at 6:50 p.m.
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I think we should leave it up to a jury of her peers to decide if she is guilty or not . I also agree that she should do community service for people affected by drunk drivers . I am sure alot of has done something stupid around her age . So lets just see what happens when she is done with court .

etown
Nov 13, 2007 at 4:57 p.m.
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blue21 your complaining because she refused to speak to police, and wanted a lawyer present, this is every attorneys dream client , one that is smart enough to shut up from the get go, just to bad she wasnt a little smarter earlier in the evening ,this could of all been prevented then

fldpan
Nov 13, 2007 at 4:43 p.m.
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Yeah send her to prison to be Institutionalized. That will surely teach her a lesson. She will come out more messed up than ever before.
She should have to meet the family, apologize, visit the grave yearly, and yes, jail time. What would community service hurt? But Prison? I am certain prison would do her, and society, no good.

Laura70
Nov 13, 2007 at 4:37 p.m.
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What was a 16yr. old doing out at 3AM anyway? I believe she should do prison time. Yes, this accident will affect her for the rest of her life but it will also affect the members of the father she killed for the rest of their lives as well.
Not everyone drives under the influence. I have never done it.
She may be young but she definately knows right from wrong and knew getting behind the wheel of that vehcile was wrong!

Blue21
Nov 13, 2007 at 3:43 p.m.
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Prison is punishment. She killed someone.
Losing her license should be already assumed. Community service? For murder?

I, for one, have never driven under the influence. I am in command of my faculties and wouldn't dream of being that selfish. To say 'everyone has done it' doesn't make it right, or that murder should = community service.

ladyinjanesville
Nov 13, 2007 at 3:09 p.m.
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Krystal has made a terrible mistake and I am sorry for the Everardo Chimal Lopez family. I feel she should be punished but we must remember she is very young. This will affect her for the rest of her life. I do not see how sending her to prison will be benificial to society. She should lose her driver's license and have to do community service for a very long time. She also needs counseling for drug and alcohol abuse. She needs to meet the family of the man that was killed.
Just about everyone of us has driven under the influence of a controlled substance (prescription drugs)or alcohol at one time or another. We have been fortunate that we were not involved in some type of accident. I hope and pray that she has learned from this tragedy.

Blue21
Nov 13, 2007 at 11:47 a.m.
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So instead of assisting the investigation, she won't cooperate. She 'lawyers up' to cost taxpayers money. Nice.
Bad enough she killed someone and gets to go home to mommy and daddy.

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