WAUKESHA, Wis. — A Dousman man charged in a fatal hit-and-run is claiming the victim had already fallen off his tractor before the collision occurred. The case involves the death of 87-year-old Al Eighmy, who was killed after mowing his church's grass in Oconomowoc last month.
Matthew Brennecke's attorney argued during a preliminary hearing that the case should be dismissed, claiming Eighmy was not on the tractor when Brennecke hit it. However, the court commissioner ruled that argument is for trial and the case will move forward.
"What happened at the moment of impact is not clear," said Kevin Costello, Waukesha County Court Commissioner.
The central question of whether Eighmy was actually driving the tractor when it was hit became the focus of the preliminary hearing, which determines if Brennecke's felony hit-and-run causing death charge can proceed to trial. During the hearing, defense attorney Amanda Nimmer questioned the evidence.
"No witness actually saw this accident," Nimmer said.
"Correct," responded Detective Christopher Moss of the Oconomowoc Police Department.
When asked if the victim might have fallen off the tractor prior to the collision, Detective Moss acknowledged, "I don't have any evidence to show otherwise."
Brennecke was arrested four days after Eighmy was hit on his tractor and later died at the hospital. Investigators used surveillance video showing Brennecke's SUV wasn't damaged before the crash but showed damage afterward. Police say Brennecke admitted he was driving when questioned after his arrest.
"He stated he was operating his Volvo SUV, came around a curve, observed an orange tractor that allegedly swerved into traffic that caused him to move his Volvo out of the way and unfortunately made contact," Detective Moss said. "He continued driving eastbound on Allen Road because he didn't have insurance, which is why he did not stop."
Watch: Defense attorney claims Oconomowoc man fell off tractor before fatal hit-and-run
Police confirmed to the defense attorney that during that interview, Brennecke also claimed no one was on the tractor that went into the road. However, the court commissioner stated this argument would be more appropriate for trial, as the preliminary hearing only needs to establish that a felony likely occurred.
"Based on the law I just cited that you probably committed a felony," Costello told Brennecke.
Family members of the victim were in attendance during the hearing. Though they declined to speak on camera, they visibly disagreed with the defense attorney's arguments, shaking their heads during key moments of the proceedings.
Brennecke's request to have his bail lowered during a hearing the day before. That was also denied. He is scheduled to return to court in October.
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