Driver in crash that killed Zunker will not face charges
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By ROD STETZER rod.stetzer@lee.net
Wednesday, April 2, 2008 9:42 AM CDT
The Chippewa Falls woman who drove a car that hit and killed Chippewa County deputy Jason Zunker on Jan. 4 will not face criminal charges.
J. Michael Bitney, the Washburn County district attorney, in a letter Tuesday outlined his reasons why he decided not to charge Erika Kressin, 21. She drove a black 2000 Chevrolet Cavalier that hit Zunker.
Bitney said Kressin will be cited for failing to switch lanes for an emergency vehicle that had its lights illuminated, and for inattentive driving.
The crash happened on Highway 53, north of Bloomer, where Zunker was diverting traffic off of the highway’s southbound lanes onto the Highway 40 exit to avoid a semi-truck fire three miles to the south.
A Wisconsin State Patrol reconstruction of the accident said Zunker was wearing dark clothing during the late-night call and was in the left traffic lane when he was struck.
Bitney said it’s undisputed that Kressin caused Zunker’s death.
“However, Ms. Kressin was not impaired by alcohol or drugs on the night this crash occurred; she was not speeding or driving erratically; nor was she operating her motor vehicle in a reckless or grossly negligent manner,” Bitney wrote to Chippewa County District Attorney Jon Theisen.
Theisen had asked Bitney to serve as special prosecutor for the case.
“While this crash was certainly avoidable, and while Ms. Kressin’s driving conduct on the night was clearly negligent, it was not, in my professional opinion, criminal.”
Bitney said several factors led to the fatal accident:
n The topography and the curve of the road made it difficult for drivers to identify which side of the road Zunker’s squad car was parked.
n “The powerful LED emergency light bar on top of Deputy Zunker’s squad made it visually impossible for Mr. Kressin to see Deputy Zunker standing behind his squad car until just before he was struck and killed.”
n The position of Zunker’s squad car, near the crest of a hill just north of the Highway 40 exit, was also a significant factor.
But Zunker’s failure to wear a reflective vest, Bitney said, was not a “substantial cause of his tragic and untimely death.”
Bitney said Kressin and her attorney have said she does not plan to contest the citations.
“Ms. Kressin has convinced me that she is sincerely remorseful for causing the death of Deputy Jason Zunker. Sadly, this young lady will bear this burden for the rest of her life,” Bitney said.
He hopes the Chippewa County Sheriff’s Department and other law enforcement agencies in Wisconsin will use the information from the crash investigation to improve the safety of law enforcement officers while handling traffic calls.
“All of us owe a great debt of gratitude to Deputy Zunker, who gave his life protecting others,” Bitney concluded.
To read Bitney's letter, click here.
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