Plea agreement entered in washout case

Published 4:07 pm Wednesday, May 20, 2009

The 21-year-old driver of the sport-utility truck that crashed into a washout on Freeborn County Road 34 last June, in which two people died, pleaded guilty Wednesday in Freeborn County District Court to two counts of criminal vehicular homicide as part of a plea agreement.

The driver, Charles Kenneth Dennison, of Albert Lea, has been charged with nine counts of criminal vehicular operation and six counts of criminal vehicular homicide — all of which are felonies — stemming from events that took place the night of June 29.

According to the plea agreement, Dennison — commonly called Kenny — pleaded guilty to counts 11 and 14, both of which are criminal vehicular homicide, in exchange for a downward dispositional departure.

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Dennison would spend one year in jail, and after he finishes that time, he would spend 30 days in jail for each year of his probation around the anniversary of the incident, according to the agreement.

Probation could be somewhere between eight and 10 years, Freeborn County Attorney Craig Nelson said. If at any time Dennison violates his probation, he could face the maximum penalties for the charges. One count of criminal vehicular homicide carries a maximum penalty of 10 years in prison and a $20,000 fine.

Freeborn County District Court Judge Steve Schwab accepted the plea, and the official sentencing will be Aug. 27 at 1 p.m. At that time, Schwab will decide whether to follow the sentencing recommendations of the plea agreement.

Freeborn County Attorney Craig Nelson said the plea petition is a result of discussions between himself and Dennison’s lawyer, Cean F. Shands of West St. Paul.

Nelson said though the matter has been one that has involved injury and death of people close to Dennison, the young man needs to be given the opportunity to understand the seriousness of the issue. What has happened will be with him and his remaining passengers for a lifetime.

“We want to make sure that alcohol and driving stops in the future,” he said.

Police reports say Dennison drove a 2003 Chevy Avalanche around the right side of “road closed” barricades on County 34 and 778 feet later was going 40 mph southbound when the sport-utility truck crashed into a washout, killing two passengers. The washout had been present on the eastern Freeborn County byway since heavy rains on the night of June 11.

Court files state Dennison was the driver that night, and his passengers were Nathan Buchli of Albert Lea in the front seat and four people in the back seat: Langdon Bachtle of Myrtle, Kelly Jo Abrego of Myrtle, Kelly John Pechumer of Albert Lea and Broc Dempewolf of Albert Lea.

Abrego and Pechumer died as a result of injuries sustained in the wreck. Abrego is Dennison’s aunt and her three children are his cousins. Buchli is also his cousin.

The court files 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, according to the files. They had gone to a town festival in Lyle from Abrego’s house in Myrtle and were taking a roundabout way from Lyle back to Myrtle.

During questioning Wednesday at the hearing, Dennison said he didn’t remember many of the details from the evening of the crash but couldn’t identify whether that was because of alcohol consumption or because of the injuries he sustained.

He received a fractured humerus, a concussion, a broken index finger and thumb and was in the hospital for two or three days, he said.

Nelson said there is differing testimony from the survivors of the crash about whether Dennison drove around the barriers on the road.

Dennison said the day of the crash he was aware of a washout on Freeborn County 34 but was not aware of its exact location.

He was referred to the Minnesota Department of Corrections for a pre-sentence investigation.

Nelson said he would wait until sentencing to officially dismiss the other counts.

Several of his friends and family were present at the hearing Wednesday.