MONROE — The truck that struck and killed a Colony Brands employee last month was traveling at over nine miles an hour in reverse.
That’s according to a recently filed criminal complaint charging the truck’s driver, Cole D. Syvrud, 27, of Argyle, with homicide related to fatally striking killing the 28-year-old victim in a Colony Brands parking lot.
The truck was backing up in a parking lot in the 1100 block of 7th Avenue just before 3 p.m. on Friday, Feb. 2. Police initially responded to the incident after receiving a report of “a person … pinned under a vehicle and may not be breathing,” police said in a statement.
Despite efforts of first-responders and passersby, Carmen E. Hale, of Monroe, died of her injuries on scene. No arrests were immediately made by investigators, but the case was referred to the District Attorney’s office, which recently announced the homicide by negligent operation of a motor vehicle against Syvrud.
District Attorney Craig Nolen said he was merely following the law in bringing the charges. The victim had just finished her shift at Colony when the truck hit her. Syvrud was apparently at the business as part of a utility crew that was doing some type of underground work.
“In determining whether to issue criminal charges, I considered the evidence, including the video of the pedestrian victim walking and the operation of the truck,” Nolen said in an email. “It is my opinion that a reasonable jury would conclude that the evidence supports a finding that the Defendant operated the motor vehicle in a criminally negligent manner and that such operation caused the death of the victim.”
The incident occurred along a driveway on the side of the building, according to the criminal complaint. In the complaint, investigators summarized their findings from watching a surveillance video.
“This case involves the victim walking in an open and unobstructed area, with her back to the area of the truck,” said Nolen. “The Defendant operates the vehicle, in reverse, at approximately 9.35 miles per hour over a distance of at least 50 feet before striking and killing the victim. Therefore, it is the State’s position that the Defendant failed to exercise ordinary care…”
According to the criminal complaint, which detailed the video footage, the victim was walking east along a south side of the driveway near the grass median area. It was then observed a white Ford F450 backing up to the east. It is estimated the victim was already about 50 feet away when the truck began backing up. The distance between impact and the vehicle stopping was estimated at about another 33 feet.
Police examining the evidence said the truck’s mirrors were dirty but usable and its backup camera partially obscured.
Nolen said the decision to charge Syvrud was not made lightly.
An initial hearing for Syvrud on the charges is set for March 25 in Green County Circuit Court before Judge Thomas Vale. The charge against Syvrud is a Class G felony in Wisconsin, punishable by a maximum of 10 years in state prison.
Nolen emphasized that Syvrud is innocent until proven guilty in a court. Syvrud’s bond status is unclear, although deputies said he was not in Green County jail as of press time Monday.