Driver in washout crash pleads not guilty
Published 9:36 am Thursday, October 9, 2008
The driver of the 2003 Chevy Avalanche that crashed into a washout on Freeborn County Road 34 the evening of June 29 pleaded not guilty in Freeborn County District Court Wednesday to 15 felony counts stemming from the incident in which two of his passengers died.
In what was his first appearance before the court, Charles Kenneth Dennison, 20, sat next to his lawyer and answered with simple “yes” or “no” answers when asked questions by Judge Steven R. Schwab. He chose not to make any other statements.
Court records state Dennison’s blood-alcohol level was found to be a 0.16 level when measured via blood sample two hours after the crash. All of Dennison’s passengers in the sport-utility truck were also under the influence of alcohol.
The incident happened after a drainage ditch had washed out County 34 in Oakland Township in eastern Freeborn County on the night of June 12 during a thunderstorm that brought floods.
In response to the washout, the Freeborn County Highway Department erected several barriers across the roadway on each side of the washout that said “Road Closed.” Court records state Dennison allegedly drove around the right side of the road block, without slowing down, before the vehicle hit the embankment on the south side, coming to a rest facing south.
The Minnesota State Patrol analyzed a sensing module — sort of a “black box” for cars — and determined the Chevy Avalanche was going faster than 40 mph immediately prior to crashing, according to records.
Court records state Dennison — who is commonly called Kenny — was the driver of the vehicle that night, and his passengers included Nathan Buchli in the front seat and four people in the back seat, including Langdon Bachtle, Kelly Jo Abrego, Kelly John Pechumer and Brock Dempewolf.
Abrego and Pechumer died as a result of injuries sustained in the wreck. The others suffered injuries. Abrego is Dennison’s aunt and her three children are his cousins.
The crash has caused much controversy and discussion in the Freeborn County community.
During Wednesday’s court appearance, Schwab advised Dennison of his rights, and Freeborn County Attorney Craig Nelson suggested that the defendant be released on his promise to appear at his next court date, even though he was facing some serious charges. He has had no other previous charges on his adult record, Nelson said.
Schwab approved Nelson’s recommendation and also ordered that Dennison sign a waiver of extradition and agree to several conditional requirements. Those include using no alcohol or mood-altering substances, not going in a bar or any other location where alcohol is served and being subject to random testing.
He is also not allowed to leave the state without prior court approval.
His next court date is tentatively scheduled for Dec. 8 at 1:30 p.m.