| AG Lautenschlager: Announces that Balian is Found Guilty in Dodge County Hit and Run Death 10/13/2003 NEWS RELEASE For Immediate Release For More Information Contact: Brian Rieselman 608-266-7876 Rural Watertown Teenager James Gengler was Struck and Killed in September 2002 MADISON - Attorney General Peg Lautenschlager announced that Moose Balian entered a no contest plea to one count of failing to fulfill his duty upon striking in an accident causing death. Balian entered his plea before the Honorable James O. Miller, a Columbia County Circuit Court Judge sitting for the Dodge County Circuit Court. Judge Miller accepted his plea and adjourned the matter for a sentencing hearing to be determined by the court. "I am deeply sympathetic to the family of James Gengler, whose justice we seek in this tragic case," Lautenschlager said. "Though no court can bring James back to his family, we can take some solace in knowing that our system is working, and that Mr. Balian has taken responsibility for his actions on September 2, 2002." The offense carries a maximum term of imprisonment of seven (7) years and six (6) months and a maximum possible fine of $10,000. As part of the plea agreement, Balian pled no contest to the charge initially filed against him. At the time of sentencing, the state will recommend that Balian serve a sentence of imprisonment, but will leave to the discretion of the court sentence's length and structure. (The state has agreed to move to dismiss its appeal of a misdemeanor obstructing charge that it had also filed against Balian, but which the circuit court has already dismissed.) The criminal complaint alleges that Balian was operating his truck on September 5, 2002, on County Highway CW when he struck James Gengler, age 17. Gengler was riding his bicycle home from work. An autopsy revealed that James Gengler died from severe brain and neck injuries. Two citizens heard the accident. They observed the truck driving away without stopping. Through its investigation, Wisconsin State Patrol troopers and the Dodge County Sheriff determined that Balian had the truck repaired at a Kewaskum area body shop. The Wisconsin Department of Justice is prosecuting this case at the request of the Dodge County District Attorney. Assistant Attorneys General Barbara Oswald and Donald Latorraca are assigned to the case. # # # |
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