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Beaver Dam man charged with reckless homicide to have trial moved

November 15, 2018

JUNEAU — The trial date next month for a 29-year-old Beaver Dam man accused of delivering the fatal dose of heroin to another Beaver Dam man was moved off of the court calendar after two witnesses for the prosecution were unable to make the court date.

Brian K. Larson II had been scheduled for a jury trial to begin Dec. 3 for allegedly delivering the heroin that led to the death of 25-year-old Dakoda Kline.

Larson is charged with felony counts of reckless homicide by way of delivering a controlled substance, two counts of manufacturing or delivering heroin, and two counts of bail jumping in January. If convicted of all the charges, he could be sentenced to up to 77 years in prison and receive up to $170,000 in fines.

Larson, who is being held in Dodge County Jail, appeared in court for a motion hearing Wednesday. Dodge County Circuit Court Judge Martin De Vries granted the state motion to delay the trial after learning that a witness from the Dodge County Medical Examiner’s Office would be in training that month and a toxicologist scheduled for the trial was subpoenaed in other cases.

Larson’s attorney, John Smerlinski, filed a demand for a speedy trial Wednesday as well. The defense also requested to separate the reckless homicide and a bail jumping charge from the the other charges.

Kline was found dead in a running vehicle in a cemetery in Beaver Dam in April 2017.

The state alleges Larson is the person who supplied the heroin that killed Klein.

According to the criminal complaint, the Dodge County Sheriff’s Office secured a warrant on both Larson and Kline’s phones that allegedly showed the two texted about drugs. The complaint says their phone activity coincided with ATM cash withdrawals Kline made and a trip Larson made to Milwaukee.

According to the complaint, a text Larson sent to Kline about “really good stuff” was sent when their phones pinged to the same area in Beaver Dam.

A felony charge from 2015 of manufacturing heroin against Larson was dismissed on a prosecutor’s motion in December.

A telephone scheduling conference is scheduled on Nov. 29 to reschedule the trial.

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