BROWN DEER -- The driver of the car that crashed into a tree in Brown Deer last week , killing one child in the backseat and wounding another, has been officially charged.
35-year-old Marcus D. Lee was charged Tuesday with knowingly operating a motor vehicle while suspended - causing death. The maximum penalty is a fine of no more than $10,000 and six years in prison.
According to the criminal complaint, Lee told law enforcement officials that the children in the back seat were not wearing seat belts. He also said he had been smoking marijuana 2-3 hours before the crash and that his license was suspended.
Paramedics who took Lee to the hospital also smelled alcohol on his breath, according to the complaint. Lee also made "various statements about using a cellphone while trying to drive."
The other child in the crash had non-life threatening injuries, and is expected to be okay.