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Last updated on Thursday, March 8, 2018
(DAVIESS CO.) - A Montgomery man, who pleaded guilty last summer to causing death while operating a motor vehicle, may have violated the terms of his suspended sentence.
According to court records, 23-year-old Jerald L. Swartzentruber is scheduled to appear in Daviess County Superior Court on May 2 for a hearing on a petition to revoke a suspended sentence. Judge Dean Sobecki entered a denial of the petition and set the May hearing date.
Swartzentruber pleaded guilty in August last year to charges in connection with a crash that resulted in the death of 19-year-old Madison Wagler of Montgomery.
The accident, happened north of Montgomery, on County Road 650 East.
According to Sheriff Daviess County Jerry Harbstreit, Swartzentruber was driving the 2008 Ford pickup on County Road 650 East and was approaching County Road 400 North when he attempted to pass another vehicle. He lost control of the truck, went off the west side of the road and continued into a field, overturning several times and ejecting all five people in the pickup.
One passenger, 19-year-old Destiny Wagler, suffered a severe leg injury. Also injured were 18-year-old Gage Miller and 20-year-old Austin Swartzentruber, both of Montgomery.
Jerald Swartzentruber was also seriously injured. Toxicology results showed he had a blood-alcohol level of 0.104 percent.
He pleaded guilty on June 19, 2017 to one count of causing death when operating a vehicle while intoxicated and received a suspended sentence and was placed on probation and his driver's license was suspended. Then in September 2017, Swartzentruber was stopped and arrested for driving a 4-wheeler left of center and driving with a suspended driver's license. The state filed a petition to revoke his prison sentence.
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