DARLINGTON — Terry Gensler entered the courtroom on April 3, 2023 to find out his fate. Gensler was found guilty by a jury of homicide by intoxicated use of vehicle on January 12, 2023, for a accident that happened July 23, 2020 in Gratiot Township. Gensler’s truck rear ended an Amish buggy on Wis. 11 just west of Gratiot, and Elmer K. Stoltzfus of Gratiot died later at a Madison hospital.
Gensler had many family and friends in the courtroom.
Prosecution Attorney Corinne L. Frutiger and defense Attorney Christopher T. Van Wagner argued regarding if state statute required a five-year sentence in the pre-sentencing report.
Van Wagner told the court that he contacted the Wisconsin Department of Corrections (DOC) and he was told there is a presumption of five year minimum sentence, but if the court finds good reason, they can be below that.
Judge James P. Daley said, “The DOC is supposed to give an unbiased recommendation, however in a case such as this, if a judge gives specific reasons, they can use their own judgment when sentencing.”
Frutiger noted, “Gensler had stated he had six alcoholic beverages and had a blood level of 0.124. He drove home on a bright and sunny day, where it was established visibility was clear on the roadway. The defendant rear ended a buggy that was being driven by Stoltzfus. Stoltzfus sustained significant injuries to his head, and he ultimately died as a result of the injuries. I know Mr. Gensler was a good man. He is responsible. He was apologetic. He showed remorse at the crash scene. These people sitting here in the courtroom, obviously think a lot of Mr. Gensler. This is where the word ‘accident’ comes in. Mr. Gensler did not wake up on July 23, 2020 and say this is a great day to get drunk and kill someone on the highway. It wasn’t a malicious or an intentional crime. He has no history of priors. But driving while intoxicated is inherently dangerous. Many people receive tickets for driving drunk or have crashes while they’re drunk, but the significant factor in this case is someone died. The laws and acceptability are changing in Wisconsin — drinking and driving is dangerous.”
Frutiger finished, “When you look at the severity of this case, and you look at the need to protect the community from first-time OWI offenders that get into accidents and hurt other people, the prosecution recommends five years of imprisonment and five years of extended supervision.”
Van Wagner stated, “What’s the impact of longer sentences? People remember if you went to prison or jail, but they don’t remember the length of the sentence. A longer sentence doesn’t deter a single person from drinking and driving. In general terms, did the person get punished by paying a fine and serving time?”
Van Wagner continued, “In this case, my client on the tape, he didn’t look like he was stumbling drunk, he was very upset and remorseful. The Stoltzfus family said two things — they have no ill will for Terry, and they hoped he would be shown mercy. What I’m going to ask for you to do is go below the five-year minimum. I’m going to ask that you consider a sentence in the 12 to 18 month range. At that length of time, he will appreciate the seriousness of the offense. He can’t bring a life back. For Terry, 12 months would be a lengthy time in prison. Since the accident, he’s had triple bypass, and he takes eight daily medications. The DOC will administer those medications for ninety days, then they will decide what medications you need or they will substitute. For him, the stress will be greater because of his cardiac condition. Is that a reason to be given a lesser sentence? It is if it means that being in prison for five years is more likely to cause cardiac arrest, than three, or two, or one. Some mercy could be shown for that compelling reason alone.”
Gensler, in an emotional statement, said, “Your honor, I was raised a good man, a honest man, a caring man. I’m here to take the responsibility for my actions on that day, and I do. I take full responsibility. I feel so bad for the Stoltzfus family and for their loss. I wish I could take it all back. It was a horrible day.”
Judge Daley said, “It is my job to give out a sentence. Things I have to weigh is the severity of the offense, the character of the accused — your entire body of work. What you’ve done and what you haven’t done. The risk you present to the community. One day in particular effecting the rest of your life. All we do as humans is affect the lives of others. This case involves the loss of a life and that loss affects so many other lives. I’ve received several, several letters from your family and friends — all have spoken so highly of you. So I’m facing someone who has lived 52 years, and in that time has followed rules of society and you have not hurt other people until the day in question. When you stepped over that line, you were fortunate that the child in the buggy wasn’t taken.”
Judge Daley continued, “There were two things you did wrong that day. You drove in the left lane (the passing lane), and you didn’t see that buggy. You could have avoided it, if you had seen it. I have no doubt the sun was in your eyes, but that meant you were driving blind. Your poor judgment (from alcohol) didn’t let you realize that you could see what is in front of you. Since that time, you have developed a serious health problem. You have a family. You have a business, but you’re going to be taken from your family for a period of time because we cannot ignore the fact that a life has been taken — a boy’s dad who should be alive — because of your poor judgment.”
Judge Daley finished, “Even though from all reports you have stayed away from alcohol since the accident, I would like to see you complete an alcohol program provided by the DOC. You could get 15 years confinement in this case. I don’t think you need 15 years to meet the objective. You have been law-abiding and a positive person. I believe you don’t present a risk to society. Based on the sentencing objective, I will sentence you to three years and six months of confinement and five years of extended supervision in the DOC.”
The Court Ordered that Gensler serve three years and six months initial incarceration, five years extended supervision, one day sentence credit, five years license revocation, five years ignition interlock device, court costs, alcohol and other drug abuse treatment program, no alcohol, other rules of probation. Total length of sentence is 8 years and 6 months.