MONROE — It was early Christmas Eve morning in 2021 when a driver happened upon an unusual site on a rural highway near Albany: The faint glow of headlights piercing the dark from the middle of a cornfield.

The man decided to investigate and was shocked to find an overturned pickup, its roof smashed, with a dead man’s arm hanging out. Then, not far away in the foggy night, he came across another person, laying in the field — apparently the driver who, though badly injured, somehow survived. 

The passerby called 911, and first responders came from as far away as Monroe to investigate.

Now the driver of that 2005 Ford Ranger faces a charge in Green County Circuit Court of knowingly operating a vehicle with a valid license causing death, a relatively new state law and a Class H felony in Wisconsin.

Jeubrin Tejo Midence, 21, of Janesville, who was severely injured in the crash, had no valid license to drive at the time. He had driven to Lafayette County earlier that night to bail out the 46-year-old victim, whose own license was revoked on a charge of operating while intoxicated, second offense, from the Darlington Police Department, according to the criminal complaint filed in Green County Circuit Court. The OWI was issued to the victim by the Darlington officer at 11:48 p.m. on Dec. 23, prosecutors say.

The wreck was in a field in the W2300 block of CTH EE, along a curve in the Town of Albany. Officials said it was snowy and slick that night.

Ironically, officials added, Midence, from Honduras, was not wearing a seat belt, and was thrown from the vehicle. The driver who died was wearing a seat belt but the roof of the truck was almost completely smashed on top of him. Midence is scheduled to appear in court again on the charges on March 15. 

Police said they had to do an extensive investigation at the scene and elsewhere to find out exactly who was driving.

“Note that upon the vehicle being overturned questions arose whether Occupant A was the driver or passenger,” said the criminal complaint. “It was observed that the passenger seatbelt was arranged around Occupant A and raised question.”

A Rock County crash reconstruction team and investigation involving relatives of both men helped fill police in on who was driving and where they were going at the time of the crash.  Midence, they said, was reportedly recruited to drive the victim home from Lafayette County because he did not drink.

An autopsy also contributed to the conclusions and charges against Midence, who at one point in the investigation was detained by federal immigration authorities.

“According to the completed report, the Finding and Diagnosis was multiple blunt force injuries in the restrained passenger of a pickup truck involved in a rollover crash,” the complaint reads. “There were no noted findings of foul play.”

Green County State’s Attorney Craig Nolen said this was the first occasion in which he had prosecuted anyone under the statute, which was first published as law in 2011.  

“I learned of the fact scenario of this case in a discussion with law enforcement and advised them that it was a crime and that they should send a referral,” said Nolen. “I am unaware of prior situations where this statute would have been applicable but a referral was not made to my office.”

He faces up to six years in prison, if convicted, and possible deportation.