(This story has been updated to correct an error.)
An Oconto County jury found an Oconto Falls man guilty March 6 of homicide by the intoxicated use of a vehicle in a 2022 crash that killed a motorcyclist, according to court records.
Thomas Wolf, 59, was convicted of homicide by the intoxicated use of a vehicle and a third-offense OWI after a four-day jury trial, court records show. The jury found Wolf not guilty of operating a vehicle with a prohibited alcohol concentration, a misdemeanor.
The jury also found Wolf not guilty of homicide by operating a vehicle with a prohibited alcohol concentration, but convicted him of the lesser included offense of homicide by negligent operation of a vehicle. Because homicide by negligent operation is also a lesser included offense of homicide by intoxicated use of a vehicle, Wisconsin law prohibits Wolf from being convicted of both to protect his double jeopardy rights, according to a defense motion brief. The count was ultimately dismissed by the court, according to court records.
Wolf faces up to 50 years in prison. His sentencing hearing has not yet been scheduled.
On Aug. 3, 2022, Wolf was travelling southbound on Oconto County I when he rear-ended a southbound motorcycle just north of the intersection with Guelig Road around 8:40 p.m., according to an Oconto County Sheriff’s Office accident report.
The impact threw the driver, Bart Erdman, 61, of Oconto Falls, off of the motorcycle and sent the motorcycle into a ditch, the report said. Erdman died at the scene.
Wolf was taken to a hospital, where he told police he was on his way home from golfing, and that he had consumed two alcoholic drinks after his round and had a couple more drinks while he was on the course, according to a criminal complaint.
A preliminary breath test showed Wolf had a blood alcohol concentration of 0.124%, the complaint said. The legal limit is 0.08%.
Vivian Barrett is the public safety reporter for the Green Bay Press-Gazette. You can reach her at vmbarrett@usatodayco.com or (920) 431-8314.
This article originally appeared on Green Bay Press-Gazette: Oconto Falls man convicted of drunken driving homicide in 2022 crash
Reporting by Vivian Barrett, Green Bay Press-Gazette / Green Bay Press-Gazette
USA TODAY Network via Reuters Connect
