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Office of the Zeke Wiedenfeld

District Attorney District Attorney


Walworth County
Diane M. Donohoo
Haley J. Johnson
Walworth County Judicial Center Matthew R. Leusink
1800 County Road NN PO Box 1001 Elkhorn, WI 53121 Andrew R. Herrmann
Assistant District Attorneys
District Attorney Phone: 262.741.7198 Fax: 262.741.7200
Victim/Witness Services:
Amy
March
Los 16, 2017
Chief Michael Rasmussen (262) 741-7194
City of Lake Geneva Police Department Jessica A. Varno
626 Geneva St (262) 741-7195

Lake Geneva WI 53147

RE: State of Wisconsin v. Mark G Mogan


Agency Case No. 16-17533
DA Case No. 2016WL002790

Dear Chief Rasmussen:

I am writing this letter to thank you and the entire City of Lake Geneva Police
Department for the hard work you put into investigating this tragic crash. I am also
writing this letter to advise you that, after a full review of the police reports, crash
reconstruction, lab test results, recorded statements, and photographic evidence, the
Walworth County District Attorneys Office will not be filing criminal charges against
Mark Mogan.

On December 27, 2016, at approximately 5:20 pm, officers were dispatched to a


vehicle / pedestrian crash in the City of Lake Geneva. The Reconstruction Report and
Collision Analysis provided by the Wisconsin State Patrol indicates that Mogan was
driving a 2009 Saturn Outlook southbound on S. Edwards Boulevard in the City of Lake
Geneva, Walworth County, Wisconsin. Mogan struck a pedestrian attempting to cross
the roadway, resulting in fatal injuries to the pedestrian. The posted speed limit in the
area of the intersection is 30 mph. It is estimated that the Saturn was travelling
approximately 35 to 40 mph in the seconds leading up to the crash. Excessive speed
was ruled out as a contributing factor in the crash.

The pedestrian crossed the intersection in an easterly direction in or near the


crosswalk. The pedestrian was wearing a dark colored jacket and dark colored blue
jeans. The pedestrian entered the crosswalk when the crosswalk sign displayed the
dont walk symbol and southbound traffic on Edwards Boulevard had a green traffic
signal.
Mogan consumed alcohol prior to the crash. A review of purchases on Mogans
credit card and an interview with an employee at a restaurant in Kenosha, WI revealed
that Mogan ate at a restaurant for approximately 2 hours and consumed two 22 ounce
Samuel Adams beers with his meal prior to the crash. At the crash scene, Mogan
refused to provide a blood sample. Mogans refusal to provide a blood sample was
subsequently found to be unreasonable and he suffered civil penalties for the refusal in
Walworth County case 17TR190. A search warrant was obtained for Mogans blood and
a sample was collected at 8:44 pm. The blood test results show that there were not
alcohol or drugs in the defendants system at the time the sample was collected. Using
the Wisconsin Department of Transportation Alcohol Chart for Males, it appears that the
defendants blood alcohol concentration was well below .08 g/100mL at the time of the
crash.

Cell phone records were obtained for Mogans phone and indicate that he was
not texting or talking on the cell phone at the time of the crash. There is no evidence of
distracted driving, other than the crash itself.

Therefore, based upon my review of the evidence, the Walworth County District
Attorneys Office will not be filing criminal charges against Mark Mogan. Thank you for
your work on this case. Please do not hesitate to contact me if you have any questions.

Sincerely,

Zeke S Wiedenfeld
Zeke S Wiedenfeld
District Attorney

ZSW:zsw

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