No criminal charges filed in fatal crash

By GAZETTE STAFF  Wednesday, April 9, 2008
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— Rock County District Attorney David O’Leary will not file criminal charges in the Sept. 12 crash that killed a Janesville woman.

The Wisconsin State Patrol accident reconstruction report shows that both drivers were at fault, according to a release from the district attorney’s office.

Darren Miller, 21, Janesville, was driving east on Milwaukee Street at 55 to 63 mph when his vehicle “T-boned” a car driven by Marguerite Bladorn, 49, Janesville. Although Miller was speeding, Bladorn was partly to blame because she failed to yield when turning left onto Milwaukee Street from Wuthering Hills Drive, according to the release.

Miller’s excess speed and Bladorn’s failure to yield “were both significant causal factors in the crash,” the release stated.

Intoxication was not a factor in the crash.

To charge homicide by negligent operation of a vehicle, prosecutors must prove a defendant caused the death of another person by the negligent use of a vehicle. Criminal negligence is defined as “ordinary negligence to a high degree…”

Because the state patrol concluded both parties contributed to the crash, the prosecution cannot meet its burden to prove beyond a reasonable doubt that either party was criminally negligent, the release stated.







reader COMMENTS (52)
paisleysdaddy
Apr 14, 2008 at 1:58 p.m.
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Ok, now from the 'Miller' side of the family.... I'm not personally a Miller, but Darren is my nephew, his mother being my sister. First, I want to give my condolences to the family of MB. Second, no one in the remainder of our family condones Darren's actions. He's very lucky to have gotten off the way he did. Personally, I wouldn't be able to live with myself. At first after this happened, Darren seemed very remorseful. I haven't spoken to him but a couple times since then, so I can't speak for him in that aspect. However, from MY personal opinion, I don't think he should have gotten off. Obviously he had no intention of killing anyone, so I would never wish life in prison. However, I do feel that some punishment is in order. I have to agree with most people on here in saying that had he not been at that rate of speed, this would not have happened. I thing he at least deserves some jail time to think about his life and his actions to make some changes. And now that he's just gotten another ticket..... why am I not surprised?
I won't get any more in depth than that, but believe me I have a LOT more opinions that I could offer, if you get my drift. I just don't feel like burning family bridges.

I don't know if even so much as an apology was give, however, again, my family's condolences to the family of Marguerite Bladorn.

gina51
Apr 14, 2008 at 1:54 p.m.
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sfcm: to access public records go to simple case search.

http://wcca.wicourts.gov

truth1
Apr 14, 2008 at 9:04 a.m.
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kb 0740-...Mr./Ms. legal expert, isn't there a statute about "homicide by reckless use of a motor vehicle"?
...Whats the statute number for that?

tjncj
Apr 14, 2008 at 8:50 a.m.
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Am I mistaken, or was Mr. Miller the one who sat on the street saying "Mommy, Mommy" right after the crash?

truth1
Apr 14, 2008 at 8:18 a.m.
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Thats great that they're enforcing the law now, but that won't bring the woman back.

tjncj
Apr 14, 2008 at 7:52 a.m.
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I found it very interesting that at 6:20 this morning there was a car pulled over very close to the scene of this accident. Hopefully they will continue to keep a close eye on this area.

truth1
Apr 14, 2008 at 7:38 a.m.
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Like I said, deadly violence is apparently acceptable depending on the choice of weapon.

truth1
Apr 14, 2008 at 7:24 a.m.
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kb0740-...So, I suppose driving 30 mph over the limit within city limits ISN'T "recklessly endangering safety"??????????
OH, but its not a "felony" even if you actually kill someone.

kb0740
Apr 13, 2008 at 11:59 p.m.
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discharging a firearm within the city limits even without a trespasser is a felony. SS 941.30 Its called reckelessly endangering safety. So the trespasser does not need to be present. I suggets you go on line and read the Jury Instructions before you make judgement.

melstew47
Apr 13, 2008 at 10:23 p.m.
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you people still dont get it do you? the da, the pollice, and the judges they run this town. they all work together, theyre friends they do what they want.its all who you are and who you know, and how much money you have. and to file a law suit what a bunch of losers. may ms. bladorns family get some justice. how can these people look themselves in the mirror.

truth1
Apr 13, 2008 at 9:33 p.m.
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How does the "state patrol" get to be cop AND instant jury???????????

chelleandlou
Apr 13, 2008 at 7:17 p.m.
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I hope that Mr. Oleary will either
A - Be smart and not run for DA again
B- Be not so smart, run, have a formidable opponent and lose miserably

in either case, Oleary needs to be out!

truth1
Apr 13, 2008 at 4:40 p.m.
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If a person were target shooting in their backyard in Janesville with a .357 and some "trespasser" happened to be running through the yard and happened to be struck and killed by one of the bullets, one would obviously expect there would be no charges because the "trespasser" was also "at fault" for trespassing.

Ridiculous you say??

Well, this an EXACT analogy to what has happened here.

SarahB
Apr 13, 2008 at 3:20 p.m.
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Ctown: I am so sorry for your loss and the grief you and other family members feel. I will be praying for you nightly. I remember reading about the crash and Mrs. Bladorn's active life. I am not trying to intrude but am asking out of real concern: How is the child that was with her mother in the vehicle? Please give her my blessing and let her know many, many people are thinking about her.

ctown
Apr 13, 2008 at 2:56 p.m.
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This person was not just a Janesville woman she was my sister and my best friend, she was a wonderful and giving person to all who knew her. My life and the lives of our families will never be the same and this just goes to prove that the criminals most always win. The fact that this young man has no remorse, and a record to boot, and continues to drive like a maniac is nuts. No matter what the outcome here, the ending is always the same, she is gone. Please pray for the families involved in this loss as we try to pick up the pieces of our shattered lives and go on without her. RIP MB.

truth1
Apr 13, 2008 at 12:52 p.m.
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There is no way that "accident" describes this incident in any way whatsoever.

truth1
Apr 13, 2008 at 12:49 p.m.
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This is one of the reasons people cannot/will not drive smaller vehicles that save gas ....They fear becoming an innocent victim of a crime like this where nothing is done....Better to become broke buying gas than becoming dead.

truth1
Apr 13, 2008 at 12:32 p.m.
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Truth is, indeed, stranger than fiction.

garyprimer
Apr 13, 2008 at 12:02 p.m.
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Unbelievable. 55 to 63 mph on a city street is not a criminal offense? How can JPD justify giving anyone a speeding ticket after something like this? Failure to yield the right of way? A car traveling at that speed has no right of way. The driver was in clear violation of the law and deserves no consideration for the actions of others unless it is during sentencing in a courtroom.

voice
Apr 13, 2008 at 11:12 a.m.
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Janesville, City of vs. Darren L Miller

Rock County Case Number 2008TR004003
Charge(s)/Sentence(s)

The Defendant was charged with the following offense:
Count No. Statute Cite Description Severity Offense Date Plea
1 346.57(5) Exceeding Speed Zones, etc. (11-15 MPH) Forf. U 03-28-2008

whybesad
Apr 13, 2008 at 11:12 a.m.
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It was a terrible accident. We have to put our confidence in the people that recreated the scene. Both drivers were to believed to be at fault. It's to bad that this happened the way it did. I feel sympathy for the families. The door is still open for a civil lawsuit.

truth1
Apr 13, 2008 at 10:21 a.m.
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Apparently, deadly violence is permissible in Janesville, you just have to be careful to pick the correct weapon.

truth1
Apr 13, 2008 at 10:17 a.m.
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Lets see ........ kill someone with something that has a bullet and a trigger and you get major prison time(as you should)....... kill someone with something that has an engine and wheels and you get off scot free ....."travesty" doesn't even begin to describe this state of affairs..

ptown
Apr 13, 2008 at 9:10 a.m.
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Please don't turn this into an argument. Let us convince city hall to put in a stop light and question Mr. O'Leary's decision through letters, etc. My sister deserves our efforts!

deltafox5674
Apr 13, 2008 at 7:51 a.m.
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How many accidents have you had in your years of driving? I have been professionally driving for over 18 years and have yet to have one...I must be doing something right!

JohnDoe
Apr 12, 2008 at 3:53 p.m.
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There's a mature response.
Future road rage?
.
Relax and learn to judge the distance to your turn, and signal accordingly.

deltafox5674
Apr 12, 2008 at 9:06 a.m.
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Yeah, I will drive like you and signal right as I am starting my turn.

thekai
Apr 12, 2008 at 2:51 a.m.
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Signaling two blocks before your turn? I think someone needs to go back to driver's ed. Thats ridiculous. Over-cautious drivers are just as bad as offensive drivers. You have to learn to eventually become confident.

JohnDoe
Apr 11, 2008 at 11:16 p.m.
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deltafox... If you were "signaling to make a left turn 2 blocks before the intersection" it's no wonder the guy behind you didn't know what you were going to do.
How the heck is anyone supposed to figure out where you are turning if you signal that far ahead?
They probably figured your signal was just stuck.

deltafox5674
Apr 11, 2008 at 11:05 p.m.
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Speed enforcement has to improve on these roads that are four lane, like Milwaukee St, Center Ave., Milton Ave., etc. People drive like it is the interstate. I was in the left lane on Milwaukee St. by Kidner Care, signaling to make a left turn 2 blocks before the intersection onto Morningside, and I had a guy behind me flipping out and swerving back and forth from the right lane to the left trying to get around me and the car next to me, both of us were traveling the speed limit! Four lanes in this town equal people driving like it is the autobahn.

llund22
Apr 11, 2008 at 10:42 p.m.
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FYI-Darren was known to speed down Milwaukee every morning on his way to work. He was warned by friends and coworkers to slow down but did not listen. And yes, his family did file a suit against the Bladorn's insurance company.

wisconsinheat
Apr 11, 2008 at 9:33 p.m.
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If a "civil" matter is heard in circuit court, it is just as much a public record as a criminal matter, with certain few exceptions.
"Settlements", however may be confidential at the judge's discretion.

Often_Misunderstood
Apr 11, 2008 at 9:17 p.m.
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D.A. O’Leary needs to re-read Wisconsin state statue 346.18(1) which states in part: “The operator of any vehicle driving at an unlawful speed forfeits any right-of-way which he or she would otherwise have under this subsection.”

I feel this clearly places ALL the blame on Miller and relieves and vindicates Ms.Bladorn.

keleric38
Apr 11, 2008 at 8:33 p.m.
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sfcm most civil and insurance matters are not subject to open records. second, if you can not confirm your "reliable source" then why would you post it.

JohnDoe
Apr 11, 2008 at 6:54 p.m.
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You might like to think District Attorney O'Leary works for the city of Janesville, but in reality, he is an elected official of the state. He works for the citizens of the state but the only ones who hold him accountable are the small percentage of people who actually vote.

voice
Apr 11, 2008 at 6:10 p.m.
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Here is what we can do. First contact the City of Janesville and tell them we need a stop lights at that intersection. Second contact Rock County District Attorney David O’Leary and tell him that we do not agree with his decision not to file criminal charges against Miller. Remember we are the City of Janesville and David O'Leary work for us !

sfcm
Apr 11, 2008 at 3:44 p.m.
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I don't claim to have the whole story, or to have confirmed the previously stated detail to be fact. But I would sure like to know how to confirm it (or denounce it, for that matter) with public records, if anyone has any idea how to do that. Because I'm tired of having this ill feeling in my stomach when I think of this tragedy.

sfcm
Apr 11, 2008 at 2:57 p.m.
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To make this a little bit more sickening, I heard yesterday from a fairly reliable source that mr. miller and his parents went after ms. bladorn's insurance company for a good sum of money for damages.

jviers77
Apr 11, 2008 at 1 p.m.
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Had he not been travelling at that speed, the accident would not have occured. This is appalling!

cologirl
Apr 11, 2008 at 12:21 p.m.
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This is outrageous. What has our society come to? The comment before mine proves this case needs to be looked into more. These are peoples lives that we are talking about. Once again, the legal system proves it's ability to fail to protect. And just for the reccords failure you yield does not mean that she did not stop at the stop sign! The physics of the whole thing makes sense. If you are stopped a a stop sign and there is a car weaving in and out of traffic at high rate of speed, there are good chances that you will not see the car coming because it will be hidden behind the cars that it is weaving around. Like stated before where is the justice?, these are peoples lives that we are talking about not just an accident! (Speeding is not accidental)

sfcm
Apr 11, 2008 at 12:04 p.m.
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I hope ms. bladorn's soul is at peace. Is this justice? Mr. Miller was just picked up for speeding on Monday, so it's apparent he didn't learn how to slow down. We're lucky that this time he didn't kill anyone in the process.

tjncj
Apr 11, 2008 at 9:33 a.m.
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I wonder how many miles over the limit is negligent. 35, 40, 50 miles an hour? I don't think a civil suit jury will be near as lenient.

melstew47
Apr 11, 2008 at 2:04 a.m.
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my condolences to the family.may ms. Bladorn rest in peace.

thekai
Apr 10, 2008 at 10:17 p.m.
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Something very similar happened to my friend and me (except no one died, of course.) My friend was pulling out onto a street where the speed limit was 25, but there was a car coming down the street going anywhere from 40-50 MPH. The end result was my friend's car's back passenger quarter-panel being struck by the speeder's car. I admit that my friend was driving rather offensively, and had I been at the wheel, I never would have pulled out. Still, if one were to assume that the other car was going the speed limit, there should have been no reason to believe there was not enough time to cross the street.

When the police finally arrived, it was decided that either both would get a ticket, or neither would (for the same reason that no criminal charges are being filed here.) In my friend's situation, I think the police officer was correct. I knew that my friend was driving way too offensively, though. I guess I'd say it's all circumstantial...

ptown
Apr 10, 2008 at 9:21 p.m.
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Driving 20-30 mph over the speed limit sounds exactly like "homicide by negligent operation of a vehicle". "Failure to yield" means pulling into traffic, not failing to stop at a stop sign. But when you are clear to make a left turn, begin your turn, and a SPEEDING vehicle darts around a car, ends your life and injures your daughter - how are you at fault? How is that considered "failure to yield"? As was reported the day of the accident, Darren Miller was darting around cars all the way down the road to this intersection. A STOPLIGHT would be a great way to help avoid another tragedy. Now the family suffers and Darren Miller remains behind the wheel of a vehicle. Where is the justice.

dflood
Apr 10, 2008 at 7:43 a.m.
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Not that I condone or would excuse his speeding, but she had a STOP sign and did not stop. I feel terrible for her family. I live just down the street and see people all the time who do not stop there. They "roll" through it or punch it and go! East Milwaukee street is dangerous. I'm not sure if a stop light would solve all of the problems, but maybe more police patrols would. I don't believe I have seen a police officer doing speed checks since the accident.

topper
Apr 10, 2008 at 7:08 a.m.
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I feel that this intersection is in dire need of a traffic light, considering they have put some where the traffic count is much lower. Also, I feel that the Mr. O Leary seems to only want to prosecute the 100% sure thing. I think that the SS's indicates that a person exceeding the speed limit shall forfit is right of way, and at 30 over he sure did.

shorty7187
Apr 9, 2008 at 11:09 p.m.
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**********************
RIP Marguerite Bladorn
**********************

earnest
Apr 9, 2008 at 8:40 p.m.
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A person traveling at 20-30 miles over the speed limit is just as dangerous and deadly as a drunken driver. A family has lost their wife and mother and there should be an appropriate punishment for the guilty party. Something is terribly wrong here. When people travel at a high rate of speed they play with other people's lives. It can be very difficult to estimate the maniacal speeds that some people regularly operate their vehicles.

voice
Apr 9, 2008 at 5:30 p.m.
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What we need is a stop light at that corner so this will never happen again.

ChsMkr
Apr 9, 2008 at 12:57 p.m.
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More educated experts than I made the ruling. However I do not see the victim's role as failure to yield as much as it was failure to judge that the approaching vehicle was 20-30 mph above the speed limit. I would expect that this may happen to myself or anyone who travels through any particular intersection several times a day for many years. I do not dispute the DA's decision regarding criminal charges based on the report he was given. But this seems most certainly a good case for a civil lawsuit.

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