Cyclist hit in 2020 on Stratton Lake Road
Judge Troy Nielsen approved a deferred prosecution agreement in a case involving the death of a cyclist.
On Thursday, July 16, 2020, Waupaca County deputies responded to a fatal collision on Stratton Lake Road at the intersection with Holmnlane Road in Dayton.
The victim, 67-year-old Debra Johnson, Neenah, was hit by a vehicle as she rode her bike across the street.
ThedaStar airlifted her to a hospital in Neenah where she died from her injuries.
The 20-year-old driver, Owen Ward, Manawa, was initially charged with homicide by negligent operation of a vehicle.
The district attorney’s office later amended that charge to one count each of negligent operation of a vehicle and causing injury by negligent use.
Ward entered no contest pleas to both counts.
Negligent operation of a vehicle is a misdemeanor. Nielsen placed Ward on 12 months of probation for this count.
Causing injury by negligent use is a felony charge. It was part of the deferred prosecution agreement, which will run concurrent with Ward’s probation.
If he successfully completes probation, Ward’s record will be expunged.
Conditions of Ward’s probation include that he perform 67 hours of community service with a focus on sharing his experience with teens who are trying to obtain their driver’s license.
Isherwood discusses case
“I believe this result was fair and the incident was a tragedy,” said District Attorney Veronica Isherwood. “There was nothing criminal in his actions, no substance abuse, no indication of distraction and complete remorse.”
Isherwood noted that Ward was speeding at the time as he was rounding a curve where the speed limit drops from 55 mph to 35 mph.
“He was working at a construction site and racing home to go to the bathroom,” Isherwood said. “The road leading to the intersection had a tree branch hanging over the road which obstructed the view of the intersection. The woman on the bicycle did not come to a complete stop at the stop sign but crossed into the intersection, that same branch potentially blocking her view.”
Isherwood said that Ward took evasive action and left a very long skid mark as he tried to avoid a collision.
Ward remained at the scene, tried to render aid and was cooperative with law enforcement, Isherwood said.