Milwaukee man sent to prison following crash with children in car

February 2, 2019

JUNEAU — A 33-year-old Milwaukee man will serve the next three years in prison after being found guilty of causing a rollover crash that injured his two children.

Tory J. Agnew was found guilty in December of operating a motor vehicle while intoxicated causing injury with a minor in the car. Dodge County Circuit Court Judge Brian Pfitzinger sentenced Agnew Thursday to the 36 months in prison and a 12-month extended sentence. In addition, Agnew must pay $22,764 in restitution. His driver’s license will be revoked for 24 months and he must undergo an alcohol and drug abuse assessment.

According to the criminal complaint, the Dodge County Sheriff’s Office responded to a rollover crash on Interstate 41, about a mile north of Highway 28, on Sept. 27, 2017. Two small children were ejected from the vehicle. A doctor was on scene and noted a 3-year-old child had a head injury. The doctor was told that Flight for Life was called to the scene, and he asked for a second helicopter for a 6-month-old child.

The children were flown to American Family Children’s Hospital in Madison. A third child, a 1-year-old girl, was not ejected during the crash and was not injured.

Agnew said he drove close to a construction barrel and hit his brakes but they did not work. Another witness said the vehicle’s brakes were working that day.

Deputies could smell an odor of marijuana coming from Agnew.

A witness also said that Agnew had smoked marijuana when they were in Milwaukee before leaving to travel to Fond du Lac. A blood test was completed and marijuana showed up in Agnew’s blood.

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