MILWAUKEE — A Milwaukee advocacy group formed after a tragic death is calling for stricter sentencing in reckless driving cases, presenting comprehensive data showing judges frequently impose lighter penalties than prosecutors recommend.
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Enough is Enough: A Legacy for Erin presented findings from their court watch program to the city's Committee on Public Safety and Health on Thursday, revealing that judges gave lighter sentences than requested by prosecutors in 55% of the 335 reckless driving and police-fleeing cases they analyzed between May 1 and October 31, 2025.
The group was formed by Ruth Ehrgott after her daughter, Erin Mogensen, and unborn grandchild were killed in 2023 by a serial felon fleeing police.
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"Every victim has a name. Every victim has a ripple effect of harm… and sometimes the victim is really a defendant who never got on the right path," Ehrgott said.
The court watch program has monitored more than 1,100 criminal court hearings involving fleeing or eluding law enforcement since June 24, 2024. Their latest report shows concerning trends in judicial leniency, despite Milwaukee County experiencing record levels of reckless driving incidents.
The data reveals that probation was granted in 42% of all cases during the reporting period. Of the 214 cases involving repeat felons, 60 were still granted probation by judges.
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Jeanne Lupo, president of Enough is Enough, emphasized the role judges play in community safety.
"Judges are the gatekeepers of what happens back into the community… A lot of cases result in probation for repeat felons… and so we challenged that — we don't want probation given anymore for a repeat felon," Lupo said.
The analysis found that both prosecutor recommendations and judicial sentences are substantially lower than statutory maximums allowed by Wisconsin law. For cases involving first-degree reckless endangering safety, which carries a maximum of 90 months, the median sentence was only 33 months. Second-degree reckless endangering safety cases, with a 60-month maximum, received median sentences of just 24 months.
When combined with fleeing charges, actual sentences represented only 20-25% of the total allowable statutory maximum.
The report documented 144 charges across 141 cases that were dismissed but "read in" as part of plea bargains. This included 105 fleeing charges, 8 first-degree reckless endangering safety charges, and 31 second-degree reckless endangering safety charges.
Court Watch found that 52% of cases involved property damage to others, while 18% resulted in injury to individuals other than the defendant. The report noted that victim injury and property damage are frequently understated when cases are presented to court.
The group's proposal includes starting sentences at the statutory maximum allowed by law for the next two years for repeat offenders. They also call for eliminating probation for repeat felons and reducing the practice of dismissing charges in plea negotiations.
Chief Judge Carl Ashley responded to the report in a statement.
"Judges must balance accountability, rehabilitation, deterrence, and public safety. Sentences are firm, fair, and guided by law - and meaningful change depends on an engaged community," Ashley said.
The report tracked cases across 17 different judges, with leniency rates varying significantly. Some judges issued more lenient sentences than prosecutor recommendations in over 90% of their cases, while others were more aligned with prosecution requests.
The data shows Milwaukee County's fleeing case inventory has grown from 800 cases in June 2024 to 990 cases by October 2025. New case filings have increased from an average of 64 per month in 2024 to 72 per month through October 2025.
Cases initiated in 2023 took an average of 16 months to complete through the court system.
Ehrgott views the advocacy work as a constructive path forward despite her personal tragedy.
"That could have been a path of anger and retribution… but it's turned into a path of hope that we can make a difference," Ehrgott said.
The group is calling on community members to bring solutions to address reckless driving beyond courtroom advocacy.
Review the current report and all previous reports here: https://ene4erin.org/our-court-watch-reports/
Read Judge Ashley's full response here:
The courts welcome the public to observe how criminal behavior that harms individuals, families, and the broader community is addressed. Court proceedings serve an essential role in ensuring accountability, fairness, and transparency. Judges consider not only what occurred, but also the underlying causes and how future harm can be reduced.
In Wisconsin, sentencing decisions are guided by law. Under *State v. Gallion*, judges must weigh the seriousness of the offense, the individual's background and conduct, and the need to protect the public. Each sentence is determined on a case-by-case basis and is intended to balance accountability, rehabilitation, deterrence, and community safety.
Sentencing is not designed to impose the harshest possible punishment in every case. The law requires sentences to be firm, fair, and no more severe than necessary to achieve justice. The public should expect this careful and principled approach. Community members are encouraged to remain engaged — by attending court proceedings, supporting prevention and treatment efforts, and participating in informed dialogue. Public safety is a shared responsibility, and meaningful progress depends on active civic involvement.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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