Neillsville man sentenced to six years prison in distracted driving case
Oct. 28—NEILLSVILLE — A Neillsville man convicted of causing a fatal far crash while driving a semi in July 2017 was sentenced Wednesday to serve six years in prison.
Roger L. Waltemate, 57, was found guilty in August in Clark County Court of one count of homicide by negligent operation of a vehicle and four counts of second-degree recklessly endangering safety for causing the death of 47-year-old Anthony Phipps of Granton.
The jury found Waltemate not guilty of one count of second-degree recklessly endangering safety.
Judge Thomas Clark ordered the prison sentence, along with three years of extended supervision.
Clark County District Attorney Melissa Inlow sought the six-year prison sentence. A pre-sentence investigation had recommended four years. After the hearing, Inlow said she was pleased with the outcome.
"I think it's fair. It tells Mr. Phipps' family, while we can't bring him back, we can hold Mr. Waltemate responsible for his death," Inlow said.
Inlow said she felt a message needs to be sent to people who are texting and video-chatting while driving that this type of behavior is reckless and dangerous.
"Hopefully it is impactful to others as they learn about this particular sentence," Inlow said. "We're glad we got a fair and just sentence."
According to the criminal complaint, the crash occurred near the intersection of U.S. 10 and Meridian Avenue in the town of Grant, near Neillsville, on July 10, 2017. There were four vehicles involved, and "the crash had occurred in an active construction zone with workers and flaggers."
The criminal complaint indicates that Waltemate crashed his semi into three vehicles in front of him, including Phipps' Jeep, which was the last of the three cars waiting at the construction zone. Phipps' car entered the ditch, and he was pronounced dead at the scene.
The officer interviewed Waltemate, who said he was aware of the construction zone, as he drives that route to work. He said he was traveling about 55 mph before arriving at the construction zone. He claimed he pressed his brakes, but the semi didn't slow down, and he estimates he hit the Jeep at 40 to 45 mph.
Waltemate consented to a blood draw, which showed no indication of drugs or alcohol in his system. A check of Waltemate's phone showed he placed a call at 12:17 p.m., perhaps two or three minutes before the crash occurred, and he denied being distracted. However, Waltemate "denied making any calls or sending any text messages while driving" that day.
A reconstruction expert from the Wisconsin State Patrol determined that the speed at the time of the crash was 55 to 61 mph, and "that there was a delayed application of brakes, causing the collision."
The expert noted that there were no visible pre-impact tire marks created by the semi," the complaint states.
Inlow said there isn't a state guideline on the recommended length of sentence for a distracted driver.
