Fall Creek woman can avoid criminal conviction in fatal crash

Oct. 15—EAU CLAIRE — A Fall Creek woman, who was charged in connection with a September 2020 two-vehicle crash on U.S. 12 between Fall Creek and Augusta that killed an Osseo man, has the opportunity to avoid a criminal conviction.

Nancy J. Haldeman, 66, 8201 Nine Mile Creek Road, pleaded guilty recently in Eau Claire County Court to an amended felony count of reckless driving causing great bodily harm. She was originally charged with a felony count of homicide by negligent operation of a vehicle.

Authorities said Haldeman was negligent because she caused the crash by passing another vehicle in heavy fog. Ricky A. Bahr, 49, died at the scene of the crash.

As part of a one-year deferred agreement with prosecutors, the amended felony charge will be dismissed if Haldeman pays a $300 fine, commits no new crimes, participates in restorative justice program meetings with willing family members of the victim, and doesn't drive any vehicle without a valid license. Haldeman has already paid $3,000 in restitution.

Haldeman also pleaded guilty to a traffic citation of passing into oncoming traffic causing death. She was fined $1,397 for that citation.

At Haldeman's sentencing hearing, Judge John Manydeeds asked Eau Claire County Deputy District Attorney Angela Beranek about the reasoning behind amending the felony charge. Based on impact statements provided by some of Bahr's family members, "the victims feel Ms. Haldeman is getting off easy," the judge said.

Defense expert witness testimony at a trial could have made it possible to get a not guilty verdict for the negligence charge, Beranek said.

At least one expert witness was prepared to testify that Bahr was not wearing a seatbelt, was driving near the center line, and was operating a vehicle with just one headlight, she said.

"None of us has a crystal ball," Beranek said. "Nobody knows what 12 people on a jury are going to do."

The eventual resolution of this case provides both closure and accountability, she said.

Defense attorney Michael Cohen of Eau Claire noted that Haldeman has no prior record.

"We fashioned this resolution so both sides can put this behind them," Cohen said. "There was no criminal negligence in this case. This is a fair resolution of this situation under the circumstances."

According to the criminal complaint and the Eau Claire County Sheriff's Office:

Authorities were called to the crash scene in the town of Lincoln at 6:15 a.m. Sept. 10.

A 2008 silver Chevrolet Trailblazer driven by Haldeman was eastbound on U.S. 12 and attempted to pass a vehicle in the dark in heavy fog. During the attempt, Haldeman's vehicle struck Bahr's 2003 maroon Chevrolet Suburban head on.

Haldeman was treated for her injuries at an area hospital. She had been in critical condition.

A witness told authorities she was behind Haldeman's vehicle before the crash. The witness said Haldeman's vehicle "peeked out from behind the vehicle in front of her to pass but came back into their lane."

The witness said she noticed a vehicle traveling westbound on U.S. 12 that had a headlight out. All of a sudden, the witness said, Haldeman's vehicle pulled out into the westbound lane to pass the vehicle in front of her and struck the oncoming vehicle head on.

A second witness said he was likely driving the vehicle Haldeman was trying to pass. He said he works with Haldeman in Augusta. The second witness said when he left Fall Creek he had a "death grip" on his steering wheel because it was so foggy.

The second witness said he noticed two vehicles catching up to him from behind. One vehicle attempted to pass him and then backed off.

The second witness said he then noticed an approaching westbound vehicle that appeared to have a missing headlight.

After the westbound vehicle passed by him, the second witness said he heard a pop. When he looked in his rearview mirror, the second witness said he did not see the vehicle that was following him, but noticed the westbound vehicle was now in his lane.

The second witness said shortly after he got to work, another vehicle drove into the parking lot and the driver told him about the crash and that Haldeman appeared to be involved.

The National Weather Service had issued a special alert that morning for patches of dense fog in east-central Minnesota and west-central Wisconsin. The alert told motorists to "exercise caution if traveling and use low beam headlights."