No criminal charges will be issued against a 74-year-old woman who accidentally caused the death of a woman in a Saukville Walmart parking lot in October, the Ozaukee County District Attorney’s Office announced Nov. 25.
The fatal crash happened Oct. 26 at Walmart, 825 E. Green Bay Ave. According to Saukville police, the driver ― identified as Judy M. Buechler ― mistakenly pressed the accelerator instead of the brake while attempting to pull into a handicapped parking stall near the store’s entrance. Her vehicle accelerated forward, crossed a pedestrian walkway and continued into the next parking island, where it struck Mailee Xiong Hang, 50, of Saukville.
Hang was taken to a hospital but later died from her injuries.
Ozaukee District Attorney’s Office said Buechler’s case did not meet the legal threshold for criminal charges
In the Nov. 25 memorandum, Ozaukee County District Attorney Benjamin Lindsay said the crash, while tragic, did not meet the legal threshold for criminal negligence under Wisconsin law. Lindsay wrote his office extensively reviewed Saukville Police Department reports, surveillance footage, witness statements, a Wisconsin State Patrol vehicle inspection and a preliminary crash reconstruction before making the decision.
Buechler told police she believed she was pressing the brake pedal before she hit Hang. Surveillance video from the incident collaborated this statement and showed Buechler driving at a low speed before slowing for another vehicle, then pulling into a handicapped space. As she entered the stall, the car suddenly accelerated, traveling 20.39 feet in roughly three seconds before hitting Hang, a signpost and two parked vehicles.
Investigators found no evidence of impairment or distraction and that Buechler had not been using her cellphone prior to the fatal crash. Buechler remained on scene, has cooperated with police and consented to a blood test. Her license was valid and Buechler had no history of reckless or negligent driving.
Under Wisconsin law, prosecutors would need to prove criminal negligence — conduct creating an unreasonable and substantial risk of death or great bodily harm, and that the driver should have been aware of that risk. Lindsay said the evidence in this case supported only ordinary negligence, not the much higher standard needed to bring felony charges.
“A thorough review shows the crash was a tragic accident,” Lindsay stated. “While the actions may constitute ordinary negligence, there is insufficient evidence of criminal negligence.”
The Wisconsin Department of Transportation is determining if Buechler can safely operate a motor vehicle in the future. According to the DA’s Office, Buechler also has since surrendered her driver’s license.
Police met with Hang’s family following the crash, and the District Attorney’s Office informed the family of the charging decision on Nov. 25.
Hang’s sister, Michigan State Rep. Mai Xiong, previously told the Milwaukee Journal Sentinel that her family had been going through unimaginable pain since losing Hang.
“Mailee was deeply loved by so many, not only within our family but the broader Wisconsin community and the American Hmong diaspora, and though many of us may be separated by distance, we are united in our sorrow,” Xiong said. “The ache of losing her so quickly is eclipsed only by the anger that her death was so incredibly senseless and preventable.”
The family also expressed gratitude to first responders and the Saukville Department.
Officials said they may revisit the decision if additional information, including toxicology results, becomes available.
Adrienne Davis is a south suburban reporter for the Milwaukee Journal Sentinel. Got any tips or stories to share? Contact Adrienne at amdavis@gannett.com. Follow her on X at @AdriReportss.
This article originally appeared on Milwaukee Journal Sentinel: Driver won’t face charges in fatal crash at Saukville Walmart parking lot
Reporting by Adrienne Davis, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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