Wolken sentenced to prison for fatal crash
Fifteen months after a motor vehicle crash killed Rocky J. Dobs, the 33-year-old driver was sentenced on Sept. 27.
After pleading no contest to the charge of for Homicide by Vehicle-Controlled Substance in July, Waushara County Circuit Court Judge Guy Dutcher sentenced Wolken of Woodbine, IA, to prison. Wolken appeared in court for his sentencing hearing with Public Defender Ben Szilagyi while District Attorney Scott Balder represented the state.
Following Waushara County Detective Jason Christenson’s review of the scene along with the investigative reports from the June 12, 2016, crash, Christenson believed Wolken was under the influence of restricted a and controlled substance – Delta 9 THC – when he operated his vehicle at excessive speeds going into a 35 mph curve on 26th Road in the Town of Saxeville, according to the criminal complaint. Wolken lost control of vehicle causing it to enter the ditch and hit a number of trees which ultimately caused the death to 18-year-old Rocky Dobs.
Dobs was riding the passenger seat and was pronounced deceased at the scene, while Wolken was removed from the vehicle by responding EMS and fire department crew member and flown to ThedaCare Medical Center-Neenah with life threatening injuries
The blood draw taken from Wolken at ThedaCare Regional Medical Center-Neenah on June 12, 2016, was submitted to the Wisconsin State Crime Lab for analysis, and found his blood tested positive for Delta 9 THC -2 ng/mL; Carboxy THC – 30 ng/mL; Benzoylecgonine – 539 ng/mL; and Ethanol – 0.011g/mL.
According court records, the Nov. 21, 2016, report by Sergeant Thomas Erdman of the Wisconsin State Patrol Technical Reconstruction Unit, he found the vehicle Wolken was driving was “traveling between 64 and 68 mph on a flat level stretch of 26th Road when it failed to negotiate a curve; the speed limit in that area was 35 mph; the Grand Prix left the roadway entering the northbound ditch, striking several trees, causing the vehicle to rotate and come to a rest in the ditch; weather was not a factor; and a mechanical inspection of the Grand Prix was undertaken and no mechanical issues were noted that would cause the crash.”
Following a number of statements at the sentencing hearing, including a statement from the defendant, Dutcher sentenced Wolken to 13 years in Wisconsin State Prison, bifurcated, 4 ½ years or 54 months incarceration/ 8 ½ years or 102 months extended supervision.
The conditions of extended supervision included: AODA and any follow through as recommended, must maintain absolute sobriety, may not be present upon the premises of any bars, and is prohibited from possessing/ingesting any impairing substances that have not been prescribed by a physician; complete a Traffic Safety Program generally offered through the Technical College System; 5 years driver’s license revocation believed that DOT will run consecutive to incarceration though not ordered; court costs with 60 days to pay or payment plan, no restitution requested though standard order for repayment recited by the Court as to the 25 percent withholding; eligible for Substance Abuse Program /Age Eligible for Challenge Incarceration Program; 80 days time served credit; and a DNA sample.