Man receives jail time for running over friend twice

HURLEY - A 58-year-old former Manitowish Waters, Wis., resident was sentenced to 90 days in the Iron County Jail Tuesday for running over a companion with his vehicle.

James Heller, 58, of Duluth, Ga., was sentenced to two years in prison and three years of extended supervision by Iron County Judge Patrick Madden, but the prison sentence was then stayed. After spending the three months in jail, Heller will be placed on probation for five years. He must pay $30,000 in restitution.

The incident occurred in the town of Oma on April 3, 2013.

Heller drove his companion home around midnight that day and at 1:08 a.m., the victim's girlfriend called the Iron County Sheriff's Department and said he was lying on the ground in the driveway, with an apparent broken back.

Beacon Ambulance transported the victim to Aspirus Grand View Hospital and he was later transferred to Aspirus Wausau Hospital.

The victim's body temperature was only 94 degrees when he arrived at Grand View.

Heller called the man's girlfriend after the accident, saying "...he would think he would know if he ran (the victim) over," but also told her, "I'm sorry, I'm sorry. I'm really sorry," according to the criminal complaint.

A jury trial had earlier been scheduled in Iron County Circuit Court on a charge of first-degree recklessly endangering safety, but potential jurors were dismissed when a last-minute plea agreement was reached between Iron County District Attorney Marty Lipske and Heller's attorney, James McKenzie.

Heller entered a no contest plea to second-degree reckless endangerment, a 10-year felony.

Lipske had recommended a year in the county jail. A pre-sentence investigation recommended only 30 to 60 days in jail.

Lipske said Heller "snapped" on the way from Gile to Oma that day after the two had been drinking. Heller then ran over the victim and backed up and ran over him again.

The injuries were so extensive that the victim spent 42 days in intensive care with 46 rib fractures and still suffers daily.

"I never intentionally hurt anybody," Heller told the court, "I would have stopped and helped him." Heller later added, "I'm sorry for the whole situation."

McKenzie said Heller quit drinking after the incident.

Madden said running over the companion was "a life-altering" incident that "diminished (the victim's) enjoyment of life."

Madden said it was an example of "the daily misery caused by alcohol... This could have easily been a death case."

The victim attended the hearing, but did not address the court, but his female companion read a statement. She described Heller as a "dangerous man, with demons that control your thoughts and actions."

She said the victim has undergone 10 surgeries in the past two years and now takes 18 medications, while he used none before. "Some days he just shakes," she said.

The victim's girlfriend praised county employee Lori Prenderville for her role in assisting the victim.

Lipske said most of the more than $1 million in medical bills has been covered by Forward Wisconsin, but said additional expenses have ranged from $30,000 to $50,000.

McKenzie said Heller has severe medical problems of his own that require bi-weekly arterial flushing of his system.

"He is bankrupt and has lost everything but his Explorer," McKenzie said, although Lipske said Heller would be receiving a pension.

Heller worked as a firefighter in Florida. He moved north after leaving his wife, then became a heavy drinker, McKenzie said.

McKenzie said Heller saved the life of an accident victim he came upon in the Ironwood area, but, "His good character vanished with alcohol."

He said Heller suffered black-outs when drinking and McKenzie contended he didn't know he had caused the injuries to the victim that night.

McKenzie requested Heller be given some time to prepare to serve his sentence, but Madden ordered deputy sheriff Matt Foryan to escort Heller immediately to jail.

The victim's girlfriend, who told the Daily Globe Heller deserved to spend 30 years in prison, pointed out to the court he had thus far spent no time in jail.