Trevithick sentenced after DAGP agreement vacated
Kile Trevithick, 25, Chippewa Falls, appeared in court Dec. 16, for a sentencing hearing related to charges from a 2018 hit-and-run in the Holcombe area. A deferred acceptance of guilty plea (DAGP) for a hit-and-run charge associated with the case, was agreed upon in March.
During the hearing, the court heard a motion to vacate the DAGP.
The court also heard two other cases, with one containing a charge of Bail Jumping-Felony and the other containing one count of Bail Jumping-Felony; one count of Possession of Methamphetamine; and one count of Possession of THC.
Lawrence Broeren, state representative, said the Department of Justice for the revocation of probation, recommends one year of incarceration for each of the four counts of Reckless Driving-Cause Bodily Harm and one count of Operating While Revoked, with the time running concurrent to each other and jail credit applied.
For the revocation of the DAGP, nine months in jail was recommended.
Broeren says they are proposing costs only for the two bail jumping charges, with the Possession of Methamphetamine and Possession of THC dismissed and read in. Defense attorney Melissa Petersen said it is her understanding two additional traffic cases would also be dismissed and read in as part of the deal, and Huber privileges would be granted.
“I would like to start by talking about the two matters you will be entering a plea to,” said Judge Steven Cray.
Trevithick waived the preliminary hearing for the new bail jumping charges, after Cray explained the benefits of the hearing.
“I’ve been told that you have a plea agreement, so the waiver might make some sense,” said Cray.
Cray accepted the waiver of the hearing and informed Trevithick of the maximum penalties for each of the charges. Trevithick pled no contest to both bail jumping charges.
Cray then explained the process of a trial and told Trevithick he is waiving the right to a trial, by making a plea. Cray accepted the no contest pleas and found Trevithick guilty of both bail jumping charges, with the others dismissed and read in, as recommended. Cray also followed the sentencing recommendations for the matters.
Next, Cray turned his attention to the hit-and-run charge in the other case and termination of the DAGP. Petersen said the termination is part of the agreement.
A victim in the hit-and-run case spoke, stating she and her family would like to see Trevithick held accountable for his actions.
Broeren said the agreement is requesting an additional nine months for the hit-and-run change consecutive to any jail sentence.
“The way we’ve computed this, he would have 50 days credit toward that nine months,” said Broeren before talking about the jail credit and costs Trevithick has for the other charges.
Petersen made a correction to the revocation summary and said Trevithick probably didn’t have the easiest childhood.
“He struggles with stability for himself,” said Petersen.
Petersen noted Trevithick has spent 324 days in jail for the matter already, and says the additional nine months is reasonable for him to spend on the hit-and-run charge.
Cray then asked Trevithick what he would like to say prior to sentencing.
“I would like to say I’m sorry,” said Trevithick, addressing the victim present at the hearing.
“Mr. Trevithik, what I would hope would come out of this sentence, is that you decide to rebuild your life in a positive way,” said Cray.
Cray said to Trevithick he must behave as citizens are expected to and that Trevithick’s actions have caused a lot of pain. Cray went on to say he hopes Trevitick uses the time to get a job, to start repaying his debts to society, and take on normal day-to-day adult activities.
For the first count of Reckless Driving-Cause Bodily Harm, Cray sentenced Trevithick to 360 days jail, with 274 days credit. For the other three Reckless Driving charges, Trevithick was sentenced to nine months each, concurrent to the first count. For the Operating While Revoked charge, Trevithick was sentenced to one year in jail, concurrent to the other charges. Huber privileges were granted for all counts.
“Court costs will be reduced to a civil judgment and you need to start paying that off,” said Cray.
Cray then addressed the sentence for the Hit-and-Run Involving Injury charge.
“Our system is inadequate,” said Cray. “There is no way to compensate the victims or society for the harm that has been caused.”
Cray said he believes the recommendation is appropriate and sentenced Trevithick to nine months in jail, consecutive to the other counts in the case.
Cray also granted 60 days for any additional restitution claims to be made.