(Kenosha County Sheriff’s Office)
PLEASANT PRAIRIE, Wis. — A 78-year-old Illinois man was sentenced earlier this month in Kenosha County Circuit Court after pleading guilty to causing injury while driving drunk in a 2024 crash that left another driver hurt.
David L. Winterling, of Crystal Lake, Illinois, pleaded guilty on September 2 to one misdemeanor count of operating while intoxicated causing injury. In exchange, prosecutors dismissed but read in two additional charges: felony hit-and-run causing injury and misdemeanor resisting an officer.
According to the criminal complaint, Winterling struck a Toyota RAV4 on August 21, 2024, near 88th Avenue and 104th Street in Pleasant Prairie. The crash injured 42-year-old Humberto M. Ortiz Gaytan, who was taken by ambulance to Froedtert South hospital for treatment. Witnesses told police they saw Winterling’s black Nissan pickup strike the RAV4, knock down a street sign, and then leave the scene.
Police found Winterling a short distance away in his damaged truck. Officers noted he appeared confused, smelled of alcohol, had slurred speech, and admitted to drinking two large beers before driving. His preliminary breath test registered a 0.14 blood alcohol content, nearly twice the legal limit. Winterling resisted officers’ attempts to detain him, at one point clenching his fist in what police described as a “pre-attack posture” before being subdued.
At sentencing, Judge Heather Iverson ordered Winterling to serve 45 days in the Kenosha County Jail, beginning September 20. He received two days of credit and was denied eligibility for work crew. In addition, he must pay $2,096 in fines, a $95 lab fee, and $35,000.76 in restitution to the victim. His driver’s license was revoked for 16 months, with an ignition interlock device required for the same period.
The court also ordered Winterling to undergo an alcohol and drug assessment and submit a DNA sample. Appeal rights were provided at the hearing.
If convicted on all original charges, Winterling could have faced up to two years behind bars and $22,000 in fines.
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2 Responses
I can see dismissing and reading in the felony hit and run charge but not resisting or obstructing an officer. Nonetheless the judge could have leveraged a better sentence.
The judge could have placed the defendant on probation but he would have to spend at least 30 days in jail as a condition of probation. If there was more than one charge, such as resisting, then the length of probation could be increased. While on probation the defendant’s substance use could be monitored and if he screwed up and probation was revoked he could face the full sentence.
As a senior citizen, I think that the state should revoke his license. I do like the mention of his “Pre-Attack” posture.