Jail, probation ordered in OWI death
JANESVILLE
Daniel B. Fleming, 17, was sentenced to a year in jail and 12 years probation Friday because of an accident that killed one friend and seriously injured another Aug. 21, 2007.
Killed was Dayne Cutler, an 18-year-old from Chicago.
Morgan Hennie, 16, Janesville, was injured in the early-morning crash in Center Township.
Fleming, a Chicago resident who once lived in Janesville, had pleaded guilty to homicide by driving with an illegal blood alcohol concentration and causing injury by driving with an illegal blood concentration.
Charges dismissed in exchange for the guilty pleas were homicide by intoxicated driving, causing injury by intoxicated driving, homicide by driving under the influence of a controlled substance (marijuana) and causing injury by driving under the influence of a controlled substance.
The pre-sentence investigation recommended probation for Fleming, who had no previous criminal record.

Jun 3, 2010 at 8:52 p.m.
Suggest removal
to began i am a former firend of danny fleiming does anyone know who's car he was driving. How did he get the keys
Jul 13, 2008 at 10:38 p.m.
Suggest removal
danias * i read about that murder in readstown. the outcome with the sentences is whacked. from what i have read in other newspaper postings there are alot of things about the events that night that just do not make sense. are you a family member to know what the body looked like? or maybe you were there
Jul 13, 2008 at 12:25 p.m.
Suggest removal
I can understand how someone can feel that a person should deserve a life sentence for taking a life. I believe that we don’t penalize those that commit crimes as much as we should.
Snarly, If you want to get into it,tell me why should someone that has gotten 6 or 7 DUIs be prosecuted the same or to any less extent than someone that kills someone on their 1st drunk driving offense? The person that repeatedly commits DUI could be said to be more dangerous than a 1st time drunk driver that causes an accident.
I don’t know the solution for the problem. I am just sick of repeatedly reading these stories. We all have these emotional reactions to the stories, but when is it going to be time stop being so reactive and start doing something proactive to prevent these things from happening. If a 1st DUI meant an automatic year in jail and mandated treatment I am sure it would deter some people from drinking and driving. Maybe after the 1st DUI, the punishment could triple. For the ones that aren’t deterred, obviously they have issues to begin with and they shouldn’t be on the streets anyways.
Jul 12, 2008 at 10:30 p.m.
Suggest removal
what a joke the kid should have got life. you kill some one you get life.
Jul 12, 2008 at 1:55 p.m.
Suggest removal
I am a family member of Danny's. Danny is a very respectful kid. He is remorseful and yes like everyone is saying, he knew he deserved to go to jail. His family also realizes the severity of his actions and also realizes that he needs to be in jail for what he did.
I won't say that this was predictible, but his group of friends weren't the kind of kids you would find sitting at the library studying on a Friday night. They were not the type of kids that would vandalize, steal, or get into fights. They obviously did drink and smoke pot. Yes, his family did try to intervine, but with Danny living his Chicago, his family here had little control or influence in his day to day choices.
Danny made a huge mistake that night. He had family here that he should have know that he could call for a ride.
I would like to add that these kids were partying at a local hotel the night this happened. They were all drunk and noisy. The hotel kicked them out, instead of calling the police. I am not trying to pass blame, but I think that is quite inappropriate for a hotel to kick out kids for underage drinking and not call the police.
Jul 12, 2008 at 11:53 a.m.
Suggest removal
SarahB:
yeah. danny really is a good guy.
he just got caught up in the moment.
he's a really nice guy, and from talking to him,
i know that he regrets even getting into that car and driving.
he killed his best friend.
i think that anyone would regret that.
don't you?
Jul 12, 2008 at 11:24 a.m.
Suggest removal
daniel will have to live with this the rest of his LIFE. which he needs to!!! laws in wisconsin HAVE to change. I do however feel very sorry for all the families involved. They also live with this the rest of there lives. I hope daniel goes and talks to other young people about drinking, smoking pot and driving and what it has done to his life!!
Jul 12, 2008 at 9:35 a.m.
Suggest removal
I not going to go into details on what Kelly body look like after he was beaten to death but if wasn't no accident! When you knock a person off a bar stool and drag them out and beat them to death beyond!!!! These boys have a long record and then were release on a small bond they still were wearing their bloody clothes the next day when they were in for questioning that just shows you are system in Wi needs to be changed!
Jul 12, 2008 at 9:22 a.m.
Suggest removal
Schmitty: Other than this terrible event, was Danny a good guy? Or was this crash something one would have predicted for Danny?
Jul 12, 2008 at 9:02 a.m.
Suggest removal
man i miss danny.
its good to see that he's taking responsibility for what he did.
i remember when it happened.....
Jul 12, 2008 at 8:13 a.m.
Suggest removal
3 young kids and a young boy driving age 16 at the time most likely will live a long time knowing he killed his friend and hurt another one. Young people don't make the best choices and he will live with this. No previous record, and under the influence of weed not alcohol. Tho it makes no difference as to what he was under,his judgement was impaired. I just hope he can use this experience to look at what the effects of weed was and think twice before he fires ones up. My question is were they all smoking weed? as that is an illegal substance and is not allowed by anyone. My heart goes out to all the families involved and I am glad he was given a lighter sentence due to his age as he had no record before and he is now in a facility (RCJ) where he can learn more criminal behaviors. He did this at 16 he should have been put in juvinile facility vrs adult. Adult facilities are sometimes more apt to conform rather then reform the younger kids.
Jul 12, 2008 at 1:54 a.m.
Suggest removal
danias, note that the Kuykendall case came down with a no contest plea leading to sentencing as an accidental death. The sentence is based on second degree reckless homicide, which generally means they could not prove there was any intent to kill, only acting in such a way that serious injury or death could occur.
.
Similarly vehicular homicide is not punished the same as first degree murder. This is a typical sentence for this type of crime and the twelve years supervision means he has a long time in which he'd better avoid screwing up in some other way, or he will be going back to jail.
Jul 12, 2008 at 1:10 a.m.
Suggest removal
oops...i meant Danias ( comment time 11:50 pm )
Jul 11, 2008 at 11:50 p.m.
Suggest removal
Danis ~ I could't agree with you more!!!! Back in 2002 my cousin and his girlfriend were both killed in Marquette County by twin brothers who were drag racing and drinking out in the country with no lights on their vehicle. The twins age 28 at that time left the scene and were found later by tracking down the license plate left at the scene. Well, are you ready for this? The two brothers were acquitted of all charges! Its a good thing i wasn't in court that day I would probably be in jail myself...oh wait i forgot, people who murder dont get locked up!
Jul 11, 2008 at 10:28 p.m.
Suggest removal
Thats wisconsin for you If you kill someone you just get a mild slap for it. Example Kelly Kuykendall was brutally killed in Reedstown and the two thugs that did it one got a misdimeanor and the other one gets a class D maybe 25 years! Right now the two are free out in the public that just makes me sick to my stomach what people can get away with!
Jul 11, 2008 at 6:55 p.m.
Suggest removal
Wisconsin will have another DUI on the books sooner than you think thanks to this tissue-thin "sentence".
Jul 11, 2008 at 5:48 p.m.
Suggest removal
Probation was recommended, huh? Outstanding work, pre-sentence investigation team!
.
Any bets on how long it will be before he is out and has another DUI charge? I sincerely hope he never does, but unfortunately, precedence in this state dictates otherwise because of cupcake sentences and laws like this one.
Before you post a comment, consider this:
Note: GazetteXtra.com does not condone or review every comment. Read more in our User Policy AgreementPost Comment
Commenting requires registration.