Cokato Man Charged With CVH and Injury After Friday Highway 12 crash

Authorities are seeking criminal vehicular homicide and injury charges against a 21-year-old Cokato, Minnesota, man after a Friday night traffic accident near Willmar. The felony DWI charges were formally filed Monday in Kandiyohi County. The man is scheduled to appear Tuesday morning on three counts of felony CVH, one count of criminal vehicular injury, and a misdemeanor charge for open bottle in a motor vehicle.

Authorities say that the Cokato man crossed the center line in his pickup truck while traveling east on Highway 12 near Willmar Friday evening. The Minnesota State Patrol claims that the man’s pickup slammed head-on into a minivan driven by a 68-year-old Atwater, Minnesota woman. She was returning home with family members from Eden Prairie. The family had been out to see a movie, according to the highway patrol.

The crash reportedly caused the minivan to drive into the ditch and catch fire. The driver, her 40-year-old daughter in law, and the passenger’s child were killed in the crash, according to the state patrol. A 5-year-old boy, the passenger’s son, survived the crash, and is expected to be released from the hospital in a few days.

Police say that they found a liquor bottle broken in the road near the scene of the accident. Law enforcement says that a bottle of hard liquor was seized from behind the driver’s seat of the Cokato man’s pickup truck. Authorities also say that a cooler was in the cargo area of the pickup. The cooler reportedly contained alcoholic beverages.

Law enforcement claims that the Cokato man said after the accident that he had been drinking beer at home that night. Authorities claim the man admitted to consuming about five beers earlier in the evening. Officers reportedly obtained a preliminary breath test from the man, which authorities say registered a 0.07 percent alcohol level. It is unclear from media reports whether law enforcement obtained any other evidentiary alcohol test after the Friday night accident.

The Cokato, Minnesota, man is currently being held in the Kandiyohi County Jail pending Tuesday’s court appearance on the serious criminal charges.

Sources:

  • KSTP-TV Eyewitness News, “Cokato Man Charged in Triple Fatal Crash,” Leslie Rolander, Aug. 20, 2012
  • Minneapolis Star Tribune, “Cokato man charged in crash that killed 3 from Eden Prairie family,” Jenna Ross, Aug. 20, 2012

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.