Last Updated: Thursday, November 6, 2008 9:08 AM CST
Tatro sentenced to five months in county jail
By Heather Schaefer
Regional Editor
A Pelican Lake man convicted of recklessly endangering safety in connection with a 2007 traffic accident that took the life of a coworker will serve five months in jail.
Wade Tatro, 26, will also spend three years on probation.
Following a jury trial last month, Tatro was convicted of recklessly endangering safety in connection with a traffic accident on County Highway G Sept. 7, 2007.
Tatro was acquitted of homicide by intoxicated use of a motor vehicle, homicide by negligent operation of a motor vehicle and homicide by operating a vehicle with a prohibited blood alcohol concentration.
According to trial testimony, Tatro was driving a truck on County Highway G in the town of Enterprise when the vehicle behind his left the roadway and overturned.
The truck that overturned was being operated by Tatro's co-worker Nicholas D. Mueller, 23, of Harshaw. Mueller later died of injuries sustained in the accident.
According to testimony, Mueller was following very closely behind Tatro and both vehicles were engaged in horseplay (passing in a no passing zone and fast driving) when Mueller lost control of his vehicle. The two men had left a bar minutes before the accident occurred.
During sentencing Wednesday, Oneida County District Attorney Mike Bloom argued Tatro should be punished for engaging in foolish behavior that led to “complete and total disaster.”
He called Mueller’s death “totally preventable” and argued Tatro should spend some in jail so the public is reminded of the consequences of reckless driving mixed with alcohol.
“The public needs to be made aware of the fact that this sort of conduct kills people,” he said, before recommending a one year jail term.
Defense counsel Jeff Jackomino said the jury did not make a determination that Tatro was responsible for Mueller’s death and argued Tatro should not be punished as though he was convicted of a vehicular homicide.
“Three people made individual choices that night,” he said, referring to Tatro, Mueller and Tatro’s passenger, John Jensen.
Jackomino also stressed Tatro’s lack of criminal history, good work ethic and ties to the community.
Given his chance to speak, Tatro uttered just one sentence.
“I’m very sorry and regret all the decisions I made that day,” he said.
Judge Mark Mangerson appeared to accept part of both attorneys’ arguments. He agreed with Jackomino that the jury chose to convict Tatro on the one count that did involve responsibility for Mueller’s death and he agreed with Bloom that the case cries out for some form of serious punishment.
“It’s just foolishness,” Mangerson said of Tatro’s conduct. “It’s wanton disregard for the safety of everybody.”
Mangerson did give Tatro credit for taking responsibility for his actions when confronted by police shortly after the accident and indicated he did not believe prison was necessary in this case.
He said he chose a five month jail sentence because it will give Tatro plenty of time to think about the consequences of his actions and it will show others that there is a steep price to pay for recklessness on the road.
Tatro will pay $2,250 in restitution to Mueller’s family as well as a $1,000 fine.
He must report to jail by Jan. 31, 2009.
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