Facing a possible prison term of 40 years, Dean Koenig left a Manitowoc County courtroom Monday sentenced to three years in prison for driving drunk, killing a 48-year-old father on a bicycle and leaving the victim unaided in the ditch.
The sentence issued by Circuit Judge Gary Bendix ends – at least for now- the two-year legal fight Koenig, 42, waged to avoid conviction on the felony charge of homicide use of an intoxicated vehicle; his second conviction for driving drunk. He filed a motion for a retrial after a jury found him guilty in December, and could add another challenge to the State Court of Appeals.
In court on Monday, he accepted little responsibility for killing Wayne Scharenbroch. The Manitowoc Herald Times Reporter quoted this statement directed to the Scharenbroch family: “Today was the first day I was allowed to speak with you. That night, both of our families changed forever. There’s not a day that goes by that I don’t wish the accident never happened.”
He made no apology for leaving Shadows Bar intoxicated about 9:30 p.m. on April 3, 2010, crashing into Scharenbroch, or fleeing the scene. When police found him hours later at his home, they recovered a blood sample that showed his blood-alcohol level to be .12%.
According to the Manitowoc paper, a special prosecutor in the case requested a prison term of five to six years, followed by a six-year term of parole supervision. Defense attorney Jonathan Birdsall argued for one year of prison.
In his sentencing statement, Judge Bendix said: “There are no winners in this tragedy,” and called it a “challenge to balance punishment and deterrent with the defendant’s positive attributes.”
You can see the video from the courtroom here.