FOND DU LAC, WI (WTAQ-WLUK) — Although a judge had dismissed one count against a convenience store clerk who allegedly sold two teenagers alcohol hours before a fatal drunken driving crash, prosecutors have refiled that count.
Sanju Paudel was facing two counts of procuring alcohol for a minor resulting in death for the Jan. 21 crash which killed Nevins Zoch and Tommy Koenigs, both 16. Another girl, Gillian Schwartz, was also injured in the town of Taycheedah crash.
Last month, Judge Tricia Walker dismissed one of the counts, the one related to the passenger’s death, saying there wasn’t enough of a direct tie under the law for that count. But prosecutors were given the option to refile it, and did so this week.
According to the new information, Paudel faces two counts of being party to the crime of providing alcohol to a minor resulting in death. The original charge did not include the “party to the crime” qualifier. That qualifier means the suspect may not have directly committed the crime, but was a participant in the actions leading up to it.
Paudel is scheduled to return to court Aug. 28 for an arraignment.
According to the complaint, Paudel didn’t ask for identification for teens before selling them two 30-packs of Busch Light and a bottle of Captain Morgan rum. The teens then went to a home, where there was an underage drinking party with no parents present.
Authorities believe the vehicle had been speeding westbound on Golf Course Drive in the town of Taycheedah, lost control, and entered the north shoulder, striking a tree on the north side of the road at about 3:25 a.m. Sunday. Schwartz told police they were travelling at 100mph at one point, and were going 80mph when they hit the tree, the complaint states.
Koenigs, the driver, had a BAC of .123, and had marijuana in his system, according to the complaint.
