Buchert pleads guilty in crash

MARSHALL - Cory Lee Buchert, 31, of Lynd pleaded guilty in Lyon County District Court Thursday to a charge of criminal vehicular homicide.

Buchert drove the all-terrain vehicle in a crash Sept. 3, 2007 near Russell that killed Nichole Rathje, 27, of Marshall. Buchert drove under the influence of alcohol, court records said.

Rathje died from multiple traumatic injuries sustained in at least one crash, court records said.

Rathje was found dead on Buchert's lawn later that morning, court records said.

A jury trial for Buchert had been scheduled to start next Friday.

"Cory didn't think a jury trial was in (Rathje's) family's best interest, his best interest and to the extent the community was interested in the case, the community's best interest," Buchert's lawyer James Fleming said. "Cory certainly made it known he is so sorry this has happened..."

"...a plea bargain had been extended months ago after discussions with the (Rathje) family," Lyon County Attorney Rick Maes said. "I think it got to the point with the trial looming in the near future, he had to make a decision the deadline for the plea agreement (was soon)."

A copy of the plea agreement contained in the complaint said a charge of manslaughter in the second degree and a second count of criminal vehicular homicide will be dismissed by the court. The plea agreement said Buchert will be sentenced to three years and five months in prison or 41 months.

A sentencing hearing was set for March 13.

Maes said the plea bargain considers the presumptive sentence and Buchert's criminal history, "which is nothing."

The presumptive sentence is 48 months and 41 months is not a departure from guidelines, Maes said.

"Under the law it's the best I could do," Fleming said of a 41-month sentence.

Buchert stated the circumstances of the crash and incident in court Thursday, Maes said.

Buchert said he, Rathje and two other people had been at a bar in Marshall drinking alcohol and they returned to his home in Russell, Maes said.

"He and Rathje head out on the four-wheeler and got into the first accident," Maes said.

Buchert was the driver of the ATV, court records said.

A second crash or incident happened and Buchert said in court he believes the ATV rolled on top of Rathje in that second crash or incident, Maes said.

Buchert never intended for Rathje's death, Fleming said.

Buchert knows the family must now deal with the loss of someone they loved, Fleming said.

"This was a bad situation and alcohol was involved," Fleming said.

Fleming said Buchert was driving the ATV but there is no evidence to indicate the first crash caused the injuries that killed Rathje. The second crash or incident happened after the first crash bent the right front wheel of the ATV, Fleming said. Buchert was assisting the ATV and Rathje on it when the ATV rolled on Rathje, which caused the fatal injuries, Fleming said.

Fleming said Buchert received a head injury in the incident and the injury and alcohol impaired his judgment.

Buchert said in court he had dragged Rathje to his residence and talked with her outside his house, Maes said. Buchert said in response to Fleming's question he went inside his house and passed out, Maes said.

Buchert is the fourth criminal case involving fatal crashes charged since February 2008 in Lyon County.

Olga Franco was found guilty in August of four counts of criminal vehicular homicide and other charges in the Feb. 19 fatal Lakeview School bus crash that killed four students. Franco was sentenced in October to 12 1/2 years in prison. Franco has appealed the conviction and the sentence.

David Breyfogle, 33, of Taunton plead guilty in June to one county of criminal vehicular homicide in the Feb. 29 hit-and-run death of Norma Traen, 72, of Taunton. Breyfogle was sentenced in July to nearly seven years or 81 months in prison. Breyfogle was driving the vehicle that hit Traen on a Lyon County Road near her home in rural Taunton. Breyfogle left the scene and did not report the incident, court records said.

William Boe, 27, of Lynd pleaded guilty in August to a charge of criminal vehicular operation in the death of Jim Meiners of Lynd. Boe was sentenced to nearly five years or four years and 10 months in prison. Boe was driving the car involved in a crash that killed Meiners on May 25 and 26, court records said. Boe did not notify law enforcement of the crash and he knew Meiners was injured, court records said.

Source: http://www.marshallindependent.com/page/content.detail/id/507491.html?nav=5015

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