New Berlin — A 21-year-old Waukesha man has been ordered to stand trial on homicide charges connected to the Jan. 2 head-on, wrong-way crash here that killed a Muskego man.
David Mueller was charged Jan. 16 in Waukesha County Circuit Court with homicide by intoxicated use of a vehicle and homicide by negligent operation of a vehicle. Authorities say Mueller's car crossed the center line along Racine Avenue and slammed into Mark Durand's vehicle.
Mueller entered a not guilty plea on Jan. 25 at his preliminary hearing. His next court appearance is Feb. 20. Mueller was freed after posting a $10,000 cash bond.
According to a criminal complaint, Durand, 61, was airlifted to Froedtert Hospital by Flight for Life, and Mueller was taken to Froedtert by ambulance after the crash.
Durand died from injuries sustained in the collision about 10- days later. The Waukesha County Medical Examiner's Office determined his cause of death was "multiple blunt force injuries."
The crash happened at Swartz Road shortly after 7 a.m., the complaint said. Mueller was driving south and Durand north.
Mueller reportedly told police he was headed to work from home when the crash occurred, and told investigators he “didn’t know what happened."
The complaint said he also admitted to drinking alcohol the night before, but told officers that he hadn't anything to drink that morning. Mueller's blood alcohol level was not immediately available, and as a result of his injuries he was unable to perform field sobriety tests.
Police also found prescription pill bottles, apparently belonging to Mueller, near his car, according to the complaint.
A witness told investigators he was driving behind Mueller’s car when he saw Mueller’s vehicle cross the center line then lurch back into the southbound lane. The witness said Mueller’s vehicle crossed the center line again and one northbound vehicle was able to avoid it, but a second – driven by Durand – couldn't, which resulted in the head-on crash.
According to his online obituary, Durand worked for Beer Capitol Distributing and Miller Brands as a sales director. His funeral was held on Jan. 17.