Janesville woman pleads no contest in fatal accident

By KEVIN BONESKE   Friday, Aug. 20, 2010
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— A Janesville woman pleaded no contest Wednesday to charges stemming from 100 mph fatal crash in Minocqua last year.

Sara L. McGrath, 27, pleaded no contest in Oneida County Court to a felony count of second-degree recklessly endangering safety and a misdemeanor charge of endangering safety by the dangerous use of a weapon.

McGrath initially faced a felony charge of homicide by negligent operation of a vehicle.

According to the court records, McGrath was driving a yellow Corvette more than 100 mph along Highway 70 on May 2, 2009, when she lost control at a curve.

Her passenger, Mary Frantz, 50, was pronounced dead at the scene. McGrath, who was living in Minocqua at the time of the accident, was injured.

The plea agreement worked out between McGrath’s attorney and Oneida County District Attorney Michael Bloom includes a one-year deferred judgment agreement, which allows for the dismissal of felony count if she stays out of trouble.

The deal also calls for a one-year delay in sentencing on the misdemeanor count so McGrath can finish nursing school in Oklahoma. She is scheduled to be sentenced on that charge Aug. 12, 2011. Until then, she remains under the conditions of a signature bond.

On the day of the crash, McGrath, a bartender, was given permission to leave her job so she could drive the Corvette that belonged to Frantz, according to court records. When she failed to return to close the bar, her employer got worried and called police.

An interview referenced in court records indicates McGrath and Frantz stopped at another bar before the accident, but McGrath said she drank only part of a beer while there.

McGrath told police she didn’t remember how fast she was driving at the time of the crash, but a reconstruction expert concluded the vehicle reached speeds as high as 117 mph.

Bloom said speed would be the only evidence the prosecution could present to show McGrath was negligent.

Bloom said one of the vehicle’s tires was found to have abnormal wear, making it unclear as to what role the tire may have played in the accident.

“While the state believes that this was certainly a (case that could go to trial) … there would be a genuine issue at trial as to whether the defendant’s conduct was criminally negligent or whether she was guilty of only ordinary negligence,” he said.

Bloom, who noted McGrath lacked a prior criminal record, said the victim’s family played a “significant factor” in deciding not to bring the case to trial.

Frantz’s father, who appeared in court, said his family forgave McGrath for the car crash that led to his daughter’s death.

“We humbly forgive her for whatever the cause was,” he said.

In accepting the plea agreement, McGrath acknowledged she “did something that put somebody else’s life in danger.”

“I drove too fast,” she said.

reader COMMENTS
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(37)
frogger
Aug 27, 2010 at 6:26 p.m.
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Cool I can drive like as ass and still go to school. I don't give a rats butt if the tire was worn. You DO NOT DRIVE at 117. DUH as you can see it is very dangerous.

"dini79
Aug 20, 2010 at 9:40 p.m.
Suggest removal Recklessly endangering a life doesn't keep them out of nursing? Please."

Good point!

Tj- yes it doesn't matter if something was wrong with the car you don't drive like a race car driver. If something was wrong with the car you DEFINALTY don't drive like this. Maybe the brakes were bad for example. It isn't your car to drive like this either!!! You don't know how it will react or IF anything IS wrong with it to make it hard to control. NOBODY can control a car well at 117 mph if something should happen.

TJRockCounty
Aug 23, 2010 at 1:17 p.m.
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916WI/ The reason McGrath should receive an appropriate punishment is she's 27 years old and knew better than to drive at 117mph. This was not a mechanical problem. She drove crazy and killed somebody. You can't state it any clearer than that.

scooter47
Aug 23, 2010 at 11:33 a.m.
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We are not suggesting that her life be ruined, just that some sort of punishment should be required in this case. I don't know who she is but she must either be involved with someone in the judicial system or she is one hot mama and the judge went all googley eyed on her. That is all I can figure. As for the family, sure they don't want to press charges but the state still should. And to let her leave the state to go to Oklahoma, that is a farce! We have schooling right here in Wisconsin.

916WI
Aug 22, 2010 at 4:52 p.m.
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If I throw the keys of my sports car--which, by a point made in the article, had maintenance issues and then let the person "have a little fun" with the car and something goes wrong why would that person be expected to do any jail time? It was simply a tragic accident--even the family members of the person killed agree with this. Why should two lives be destroyed by this?

SarahB1
Aug 22, 2010 at 6:27 a.m.
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JoeSchmo: I understand your frustration when comparing the two cases, but it is important to remember that the man in the ride tragedy is only charged at this point. There is no way to know at this point if he will be sentenced in the future.

JoeSchmo
Aug 21, 2010 at 8:04 p.m.
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So, this woman is not going to serve any time for her mistake, but the man who made a mistake in the Dells ride accident is facing a 25 year sentence. And his mistake did not cause a death, only a severe injury.

I agree that it was a MISTAKE and she does not deserve to spend her life in prison. But why is her mistake of driving 117 mph less punishable than a man who forgot to look for a signal before he pressed a button on an amusement ride?

TJRockCounty
Aug 21, 2010 at 6:56 p.m.
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Scooter/ You've put many of my thoughts into better words than I could so my hat tips to you also.

scooter47
Aug 21, 2010 at 5:47 p.m.
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Thank you, TJ, you seem to put it into better words than I can.

TJRockCounty
Aug 21, 2010 at 5:13 p.m.
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What the....? Is the light sentence because it was the victims corvette? Is it because the victims family has forgiven her? Is it because she was test driving a car that's meant to go fast? Is it because it was a consentual joy ride? The light sentence does not make sense, and why the special privledge of dropping the felony so she can have a career as a nurse? Unbelievable.

gmaof3
Aug 21, 2010 at 4:44 p.m.
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It all comes down to character though....

thekid3477
Aug 21, 2010 at 3:38 p.m.
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good question 916...

glock21sf
Aug 21, 2010 at 3:34 p.m.
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she took another persons life by driving a car at 117 MPH! She was at a bar, yes she was working, my mom worked as a bartender, and drove home drunk almost every night! does not excuse her killing another human being. I don't think she deserves the chair! But I wouldn't want someone with such POOR decision making skills caring for me or my family!!!!

scooter47
Aug 21, 2010 at 3:23 p.m.
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I don't give a hoot if she is going to school to be a cop, she still deserves punishment just like anyone else would get. That is my opinion.

916WI
Aug 21, 2010 at 3:02 p.m.
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sttldwnjvl--unless she was driving 117 mph through the middle of Quotes, what has just being there have to do with any lesson she needed to learn?

mamato3
Aug 21, 2010 at 2:17 p.m.
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sassy, driving has nothing to do with a nursing job...it's the CHARGES her record will show that was my point. Will she be a good nurse? Who knows. That's not my point. A person's record is checked when going into a position to care for people. Think about it.
And save your head in the sand and cave snotty comments for someone else.

prncess992000
Aug 21, 2010 at 1:47 p.m.
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So, if she is in school out of state and tries to get a job as a nurse down there or anywhere other that Wi/Il, will they do a criminal background check for WI?

janesvillean
Aug 21, 2010 at 1:23 p.m.
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scooter47, criminally negligent means she is subject to a criminal penalty, while ordinary negligence means she would only be subject to a civil lawsuit by the victim's family.
.
The point of the education is that she is working at being a responsible, contributing citizen, thus she is an excellent candidate for never having another criminal charge for the rest of her life. Nursing school is not a privilege, here, but something that is hoped will help keep her from returning to the criminal justice system.

SarahB1
Aug 21, 2010 at 12:14 p.m.
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ms_sassy_wi: I also agree with your comment. People make mistakes; some mistakes have greater consequences than others. And, yes, even nurses, doctors, pharmacists, teachers, firefighters, etc., make mistakes. When a costly mistake is made outside of a professional role, it does not necessarily mean that that person will be any more likely than their peers to make errors at work. (IMO)

sttldwnjvl
Aug 21, 2010 at 11:12 a.m.
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I saw her down at quotes last week...she MUST have learned her lesson.

scooter47
Aug 21, 2010 at 10:57 a.m.
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"genuine issue at trial as to whether the defendant’s conduct was criminally negligent or whether she was guilty of only ordinary negligence,” he said.".....What???? What does this mean? So if I was driving 100mph and hit a bicycle, would they ask me if I was criminally negligent or just plain old negligent? I don't get this sentence, seems way to light to me.

scooter47
Aug 21, 2010 at 10:54 a.m.
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This article brings back memories of the women in Milton who stole money, everyone wanted to hang her out to dry!!! Why not this woman? Is she that much more important? Just asking.

thekid3477
Aug 21, 2010 at 10:44 a.m.
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im w you ms_sassy

ms_sassy_wi
Aug 21, 2010 at 10:21 a.m.
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ok, so the way I read these comments, you would rather have her in prison (at taxpayer expense of $38,000/year) and not attempting to learn from this? She actually may make a very good nurse, and may make other people's lives (perhaps car wreck victims?) better by giving them care that she was unable to give to the victim in this wreckage. I think some people are too harsh and unforgiving with punishment for unintended consequences. It's good that the family is not as unforgiving as some of you. She is cognizant that she caused the wreck by driving too fast. She accepted responsibility.

glock21sf
Aug 21, 2010 at 10:05 a.m.
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I agree with prevention, and yes she does not drive to her patients while on her rounds, but the fact that she was charged with a felony and her poor judgment should be a factor in making a hiring decision, if she could screw up this bad in this situation, what bad decision is she apt to make while working as a nurse, I feel safe driving is easier than nursing!!!! and she couldn't do that right.

yada
Aug 21, 2010 at 7:18 a.m.
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Good point PREVENTION! You said that quite well.

SarahB1
Aug 21, 2010 at 4:18 a.m.
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This woman did luck out and I have a feeling that she realizes that. If she stays out of trouble for one year, then the felony count will be dropped. This was probably part of the deal so that she would be able to obtain a nursing license. In many states, if not all, a felon cannot receive an RN license. I am not sure if I agree with that, but that is the way it is. It sounds like the family of the deceased woman is healing and I am glad to read that.

prevention
Aug 20, 2010 at 11:25 p.m.
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So, how does she rate that she gets to finish a nursing degree when she knowingly killed someone? Justice served? I think not

avidreader
Aug 20, 2010 at 10 p.m.
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It's nice she gets to finish nursing school. Would be even nicer if Mary got to finish living. 5 miles over may be considered ordinary negligence. Twice the limit should definately be criminal.

dini79
Aug 20, 2010 at 9:40 p.m.
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Recklessly endangering a life doesn't keep them out of nursing? Please.

ms_sassy_wi
Aug 20, 2010 at 9:31 p.m.
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mamato3, it's highly unlikely she will be driving from room to room while doing rounds on her job.

don't know if you have had your head in the sand or if you live in a cave, but an employer can't use her driving record to eliminate her from the pool of candidates for employment...being able to drive is not an employment requirement for a nursing position.

mamato3
Aug 20, 2010 at 9:25 p.m.
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Who in their right mind is going to hire a nurse with a record like hers will show is what I want to know.

janesvillean
Aug 20, 2010 at 6:12 p.m.
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scooter47, every case IS different in court. Most people are commenting on stories that summarize and simplify the proceedings. The sentencing is by law to consider the totality of the circumstances.

gmaof3
Aug 20, 2010 at 6:11 p.m.
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I know what you mean. I guess this woman had a clean record, maybe a family of her own, didn't fit the "profile" of a habitual criminal, and a victim's family who is not out for blood.

Weird eh?

EMMO46
Aug 20, 2010 at 6:08 p.m.
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Intoxicated? Where is that stated in the article?
"...speed would be the only evidence the prosecution could present to show McGrath was negligent".

ms_sassy_wi
Aug 20, 2010 at 6:07 p.m.
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she had a "part of a beer"...that's NOT intoxicated driving...it was negligent, and stupid...

everyone's life can be forever changed in a 5 second lapse of judgement. I'm not excusing the behavior, but it doesn't sound like this girl makes bad choices habitually.

scooter47
Aug 20, 2010 at 5:44 p.m.
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Wow, she sure did get off easy on this. She is lucky the family is forgiving her of her wrong doings. Why are all these cases so different in court? Wouldn't you think intoxicated driving and killing someone would be the similar sentence for each case?

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