Beaver Dam man will not be charged in fatal 2017 crash

January 16, 2019

JUNEAU – Dodge County District Attorney Kurt Klomberg met with the family of Kayla Davis on Wednesday before announcing that there will be no further charges against Troy Kelm, 30, who was driving the vehicle that struck and killed Davis in 2017.

Kelm of Beaver Dam, was driving a pickup truck on Aug. 17, 2017, that struck and killed Kayla Davis, 37, Beaver Dam, on Highway 151 north of Forest Road.

According to the “no prosecution memorandum,” the accident occurred at 5:16 a.m. when Davis and two others stopped to assist another accident. Davis had parked on the inside lane and walked into the median. Kelm followed another vehicle driving past vehicles that were parked on the inside lane and struck and killed Davis.

Kelm remained on the scene and contacted 911. Deputies did not notice any signs of impairment. Kelm declined a blood draw and indicated he had smoked marijuana the previous night, according to the memorandum. Kelm was cited for driving while intoxicated and was found not guilty by a jury on Aug. 8, 2018.

Klomberg said since the charge is a civil citation, Kelm still could have faced a criminal charge in the case.

The case was sent to the District Attorney’s Office from the Dodge County Sheriff’s Office indicating that the Sheriff’s Office Crash Investigation Team members were of the opinion that no criminal charges should be issued against Kelm, according to a press release from Klomberg. Klomberg requested a review of the case by the Wisconsin State Patrol Technical Reconstruction Unit. After that review, the District Attorney analyzed the case and concurred with the police agencies that no criminal charges should issued.

The District Attorney’s Office then requested the Wisconsin Department of Justice Traffic Safety Resource Prosecutor to review the entire file and analysis. After that review was completed, the Assistant Attorney General Tara Jenswold agreed with the conclusion that no criminal charges should be issued against Kelm.

Klomberg had arranged a meeting with the Davis family and the Sheriff Office Crash Team on Jan. 31, 2018, to explain the situation. During that meeting, the family told officials there were witnesses who had not been interviewed and officials agreed to reopen the investigation.

A follow up investigation was conducted in the months that followed. After the investigation, the Dodge County Sheriff’s Crash Team sent a review sufficient referral to the District Attorney’s Office for homicide by intoxicated use of a vehicle. A review sufficient referral is when the police agency is not referring charges as the agency believes no charges should be issued, but is providing the file to the district attorney for review.

The case was reviewed by the State Patrol investigators who met with Klomberg on Dec. 3, 2018, and reinforced the sheriff’s office’s original decision not to request charges.

“A vehicle stopped in the lane of traffic does create a potential hazard to other motorists,” according to the Wisconsin State Patrol Analysis Memorandum.

The no prosecution memorandum is the result of the combined analysis of Dodge County District Attorney Kurt Klomberg and Wisconsin Department of Justice Traffic Safety Resource Prosecutor - Assistant Attorney General Tara Jenswold. The memorandum will be available to the public through a link on the District Attorney Facebook page for the next several weeks.

All the investigators, attorney’s and agencies involved in this lengthy investigation offer their deepest sympathies to the family of Kayla Davis in regard to her loss, according to the press release.

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