OCONTO – A Minnesota truck driver will serve 18 months in prison for leaving the scene of a crash that seriously injured a pedestrian.
By violating his duty to the victim, Kevin Ruhnke deserves prison, Oconto County Judge Jay N. Conley said at the June 13 hearing.
Ruhnke not only drove away, “leaving him for dead,” he later “lied to get yourself out of a mess,” Conley said.
“To hit a pedestrian with a semitruck … and take off, and then lie about what you did when you were arrested, (saying you had) slept seven to eight hours, I think that’s reprehensible,” he added.
Timothy Lewis of Oconto Falls suffered serious injuries in the crash, which occurred about 4:50 a.m. July 30, 2020, at the intersection of State 22 (Chestnut Street) and Columbia Street, next to Memorial Field.
A passing motorist came upon the then 55-year-old man just after he’d been struck and called police. Lewis’ injuries included multiple skull fractures and traumatic brain injury, as well as broken ribs, clavicle and pelvis.
Lewis attended the sentencing, accompanied by a guardian. He had difficulty speaking, and didn’t make a statement.
Ruhnke pleaded no contest to charges of hit and run involving great bodily harm and obstructing an officer over the crash.
As part of plea agreement reached with now former Assistant District Attorney Lisa Rowe, the state could only request incarceration, but could not recommend a specific timeframe or whether it should be state prison or county jail.
Ruhnke was an experienced driver who knew it was “an obligation of every driver to stop and see if the person needs medical attention” if they’re involved in an accident, District Attorney Edward Burke said.
Defense attorney Andrew Mishlove said Ruhnke “bears a lot of the responsibility” for the harm suffered by Lewis, which he called “immeasurable.”
Ruhnke made a criminal choice, Mishlove said, after slamming on his brakes to avoid hitting Lewis.
“Mr. Lewis was not visible from where (Ruhnke) came to rest. We have video that shows that, but he certainly didn’t go looking for him either,” Mishlove said. “He went to the front of his truck. He didn’t go around the back (and) he should have.”
Ruhnke drove away from the scene, but a short time later, his truck went into the ditch on U.S. 141 and Chicken Shack Road, about 5 miles away. He was found unconscious in the cab and was transported for treatment at HSHS St. Clare Memorial Hospital in Oconto Falls.
Mishlove said it’s not known why the second crash occurred. Although Ruhnke was unconscious for about 30 minutes, when he was questioned by officers he was alert enough to attempt to cover up the fact he’d been over the hours he was allowed to drive, Mishlove said.
Ruhnke, who had been hired to haul equipment or vehicles from the Dirt City track at Lena, also told an officer he had slept overnight at the facility. But Oconto Falls Police Chief Brad Olsen testified at Ruhnke’s preliminary hearing in December 2020 that he was seen on surveillance video driving out of the area and not returning until the early morning.
Mishlove asked Conley to grant probation, with a stayed prison term, but not impose any jail time.
“I say that mindful of the grievous harm suffered by Mr. Lewis that has to be acknowledged, and yet Mr. Ruhnke’s character and his responsibility doesn’t justify putting him behind bars,” he said.
Ruhnke is a grandfather known for being generous with employees and hardworking to the point of being a “workaholic,” Mishlove said, calling him “a man of good character.” He added that’s Ruhnke’s divesting himself of his trucking business and devoted himself to his church.
Ruhnke apologized, but suggested the accident was related to a medical problem and not because he was tired or drifted off. However, he told an officer after crash he thought he’d fallen asleep.
“All I can do is pray,” he said.
Conley noted that Ruhnke admitted – apparently in pre-sentence records – that it was routine for him to drive more hours than allowed by the law.
“It’s admirable to be a hardworking guy,” Conley said. “I don’t think its admirable at all, driving a rig when you’re routinely going over your hours and driving recklessly, and on this occasion, when heroics and character were called for, leaving that scene and then lying about it are terrible.”
In ordering the prison term, Conley said 18 months was the minimum sentence he could impose while taking Ruhnke’s “largely exemplary” life into account.
Conley said Ruhnke would then serve three years of extended supervision. A nine-month sentence obstruction charge will be served concurrently.
Three other charges — second-degree recklessly injury and two counts of criminal damage to property — were dismissed.
Lewis, who had picked up a cup of coffee at a nearby convenience store a few minutes before the accident, will be helped by substantial liability coverage on the truck and the trailer, Mishlove said. While that money is controlled by insurers and not his client, Ruhkne is doing everything he can to cooperate, he added.
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Contact Kent Tempus at (920) 431-8226 or ktempus@gannett.com.
