A Loyal Man Appears in Clark County Court for a Motion Hearing Monday Afternoon
Monday, May 12th, 2014 -- 3:50 PM
-A Loyal man accused of hitting a Greenwood Ambulance appeared in Clark County Court on Monday.At the beginning of June last year, Kevin Colby, age 35, along with his passenger Angela Colby, age 35 of Loyal, drove through the intersection of H and 73 striking the Greenwood ambulance as it was returning from a call. It was later determined that Colby had a blood alcohol level of .184, well above the legal limit. He also told authorities that he thought he was on a completely different road.
During a motion hearing in Clark County Court, Colby?s attorney, Damon Stichert, tried to have evidence suppressed claiming Colby?s blood had been drawn without him giving consent and tried to have two statements from the crash report removed, claiming the officer giving the statements was not an expert on the matter.
Stichert claimed that under a Wisconsin Consent Statute, after Colby was read a form of the accused, he asked what he should do and what happens if he refuses to have his blood drawn. Stichert says that Colby?s questions should have been taken as a refusal, which can?t be recanted under the law, and the sheriff?s department should have gotten a warrant to draw his blood. The judge disagreed, saying Colby was just asking questions about the form. He denied the first motion.
The second motion was to remove two statements from the crash reconstruction expert saying that Colby was under the influence and his being intoxicated contributed to the crash. Stichert said that since the trooper wasn?t even at the scene nor did he even meet Colby, he couldn?t determine that.
The judge did agree in part with Stichert and said that the expert?s methods would be brought up during the trial. Colby will now appear before a jury at the end of September.
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