Man charged with reckless homicide in death of man pinned under parked cars

By Janine Anderson

Thursday, July 26, 2007 2:10 AM CDT

Journal Times

MOUNT PLEASANT - The man accused of killing a pedestrian in a parking lot July 13 may have been drunk and on prescription medications, according to court records.

Donald E. Chernota, 44, of Racine, was charged Wednesday with second-degree reckless homicide for the death of 74-year-old Burt Kintzler.

Kintzler, a contract driver for SC Johnson, was hit by a car driven by Chernota in a parking lot at 6940 Washington Ave. SC Johnson leases the lot for its fleet vehicles.

Chernota was driving a 1995 Plymouth Voyager minivan the afternoon of July 13 when he entered the parking lot at a high rate of speed, according to a criminal complaint.

As the van sped through the parking lot it struck Kintzler, who was walking through the lot. Kintzler was thrown into the air and onto the hood of the minivan. The van kept going, with no evidence its driver was trying to stop, and struck a Jeep Cherokee and an Oldsmobile Cutlass. Kintzler became trapped between the van and the Cutlass, the complaint said.

A witness who saw the accident ran inside a nearby building and called 911. Kintzler had serious injuries and was taken to a Milwaukee County hospital by Flight For Life. He later died of severe brain injuries caused by the crash.

Officers investigating the incident said there was no sign that the driver tried to stop, the complaint said.

When officers first approached Chernota he was behind the wheel of the van, trying to remove his seat belt. Chernota's seat belt had to be cut off, and once he was out of the vehicle he lost his balance and fell to the ground. Officers said they could smell alcohol and saw dried vomit on his shirt, the complaint said.

They also found a prescription bottle for chlordiazepoxide in the van. The medication is used to relieve anxiety and control agitation caused by alcohol withdrawal, according to information from the United States National Library of Medicine and National Institutes of Health. The bottle was for a current prescription, and warned against combining the medication with alcohol and stated to use care when driving because the drug can cause drowsiness.

Chernota was taken to St. Mary's Medical Center following the incident, where they drew a blood sample for testing. He was released from the hospital Tuesday afternoon and transported to the Racine County Jail.

If convicted Chernota faces up to $100,000 in fines and 25 years imprisonment.

Chernota is being held in the jail on a $25,000 cash bond. He also has a probation hold. Until that is lifted, he cannot be released from the jail even if he is able to post bond.

Kintzler, 74, was known in the community for his work with young people and families in need. He served as executive director of SAFE Haven and was integral in creating the nonprofit's current office at 1030 Washington Ave.

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