2008年6月13日星期五

Man charged in ATV-related death appears in court

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MARSHALL — Cory Lee Buchert, 30, of Russell, the man charged in the September death of Nichole Rathje, 27, of Marshall appeared in Lyon County District Court on Monday.

Buchert is charged with manslaughter in the second degree and two counts of criminal vehicular homicide. Buchert was driving an all-terrain vehicle while impaired and in an accident which injured Rathje on Sept. 3 in Lyon County, the complaint alleges.

Buchert did not call an ambulance or seek medical help for Rathje after two ATV accidents, the complaint alleges. Buchert placed her on the back of the ATV after the first accident where she was injured and then while driving the ATV, Buchert was in a second accident, the complaint alleges.

Buchert again placed Rathje on the back of the ATV and when the ATV quit, he dragged Rathje and left her outside of his house in Russell for several hours while he showered, washed clothes and slept, the complaint alleges. Buchert woke up and found Rathje dead outside his house several hours later, the complaint alleges.

Buchert said to law enforcement he thought Rathje would be OK and that they talked outside his house before he went inside, the complaint alleges.

In court on Monday, Buchert and his lawyer Jim Flemming requested a pre-trial hearing to be held before an omnibus hearing. Buchert waived his court time line.

A pre-trial hearing was set for April 25.

Buchert is the third person to be charged with criminal vehicular homicide in less than a month in Lyon County. Olga Franco, also known as Alianiss N. Morales, 23, of Minneota, was charged with four counts of criminal vehicular homicide in the death of four Lakeview School students killed in a Feb. 19 school bus crash. Franco drove a van which struck the bus and she did not stop for a stop sign, the complaint alleges.

Franco did not have a license and is an illegal immigrant from Guatemala, Immigration and Customs Exchange officials have said.

David Christopher Breyfogle, 32, of Taunton was charged with two counts of criminal vehicular homicide and one count of driving after cancelation-inimical to public safety in the Feb. 29 hit-and-run death of Norma Traen, 72, of Taunton.

Breyfogle was driving with a canceled driver’s license and struck Traen, who was walking along Lyon County Road 1, and Breyfogle did not stop or report the crash, the complaint alleges.

The complaint for Breyfogle also alleges he was impaired with alcohol.

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