GREEN BAY – The husband of a Shawano County woman killed in a weekend motorcycle crash has been charged.
Jonathan R. Cherny, 31, appeared in Brown County court by video Monday afternoon. He faces one charge of homicide by intoxicated use of a motor vehicle.
"The state is requesting $25,000 cash, with conditions to include no alcohol, no taverns and no driving without a valid driver’s license," said Assistant District Attorney Carley Miller.
His 29-year-old wife, Anna, was killed early Sunday morning when the motorcycle her husband was driving lost control at the intersection of State Highway 32 and County Highway B in Pulaski, investigators say.
Police say Cherny, nor his wife, were wearing helmets at the time of the crash – however, state law does not require it. Police say both speed and alcohol played a role in the crash.
Court documents say Cherny admitted to police that he was drinking a twelve-pack of beer with his wife, prior to the crash. At a Green Bay hospital, a breathalyzer test showed Cherny had a blood alcohol concentration of point-one-two-five - a little more than one-and-a-half-times the legal limit to drive.
Cherny was treated and released from a Green Bay hospital and taken into custody Sunday.
"It is tragic and unfortunate," said court commissioner Jane Sequin.
Sequin acknowledged Cherny's ties to the community and lack of a criminal record, but said the seriousness of the crime can't be ignored.
"The fact that this is a charge of homicide by intoxicated use of a vehicle," Sequin said, setting bond at $25,000.
Cherny's attorney John D’Angelo argued for a lower amount, saying the amount the state requested was excessive.
"I don't believe he is a flight risk,” D’Angelo said in court. “I don't believe he is going to be leaving the area. He understands the consequences for his actions."
After court, Cherny's family didn't want to go on camera, but told FOX 11 Jonathan and Anna are loved by many.
Police say it's a tragic case that can be easily prevented.
"First thing, if people want to drink, things they need to be aware of is that if they're going to be driving, they should take the necessary precautions to find a sober driver," said Pulaski Police Officer Kyle Betzner.
Cherny is due back in court later this month.