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Hebron trustee won't face criminal charges in fatal Lake Geneva crash, DA says

Lake in the Hills police sergeant's blood test showed no alcohol in his system, Wisconsin DA says

Published: Friday, March 17, 2017 12:13 a.m. CDT • Updated: Friday, March 17, 2017 12:18 a.m. CDT
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Shaw Media file photo Hebron village trustee Mark Mogan during a board meeting in April 2016.
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Samantha L. Norris, 29, of Lake Geneva, Wisconsin.

ELKHORN, Wis. – No criminal charges will be filed against Hebron Trustee Mark Mogan in connection with a fatal pedestrian crash in December, the Walworth County district attorney said Thursday.

A blood test taken hours after the crash found no evidence of alcohol in Mogan’s system.

Mogan, 49, of Hebron, who also is a Lake in the Hills police sergeant, was arrested by Lake Geneva, Wisconsin, police in December on suspicion of drunken driving after he struck 29-year-old Samantha L. Norris about 5:20 p.m. Dec. 27. Norris was crossing the road at Edwards Boulevard and Route 120 in Lake Geneva.

Norris was taken in critical condition to Froedtert Hospital in Wauwatosa, Wisconsin, where she died days later, authorities have said. District Attorney Zeke Wiedenfeld told the judge that his office would not file charges against Mogan after they got the results of a blood test that showed there was no alcohol in Mogan’s system. Wiedenfeld also asked the judge to return Mogan’s $5,000 bond.

Mogan wasn’t in court Thursday. His attorney, Larry Steen, appeared on his behalf.

Mogan refused to give a preliminary breath test and a field sobriety test at the time of the crash. He also refused tests at the police station. After obtaining a search warrant, investigators took a sample of his blood.

Two Lake Geneva police officers testified in February that they could smell alcohol on Mogan’s breath after the crash.

Mogan’s license was revoked for one year in February after a refusal hearing where Walworth County Judge Phil Koss said that Mogan’s refusal to submit to a blood test after the crash was not proper.

Koss also ordered that Mogan install an ignition interlock device in his vehicle and required he complete a court-ordered alcohol or substance abuse assessment. This will remain in effect because it’s separate from the criminal allegations, Steen said.

Mogan has been with the Lake in the Hills Police Department for about 23 years. He was placed on administrative leave while the case was pending, but as of Jan. 19, he returned to work on “administrative desk duty” after the police department was informed of his blood test results, said Amanda Schmitt, Lake in the Hills police public information officer. Schmitt said that after Thursday’s hearing Mogan will be placed back on “full duty,” and he will return to his regular assignment.

Mogan also filed to run for Hebron village president in the April 4 consolidated election against John Jacobson, who faces gun and drug charges after his most recent arrest.

Norris was born in Park Ridge and graduated in 2007 from Badger High School in Lake Geneva. At the time of her death, she was working in food service at the Grand Geneva Resort & Spa, according to her obituary. Norris was an avid reader and an animal lover.

“She loved to walk and walked everywhere she went,” her obituary said.

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