Dominick Daniel Herold, 21, Pierz, was charged in Morrison County District Court with one felony count of criminal vehicular operation causing substantial bodily harm while under the influence of alcohol, one felony count of leaving the scene after causing the collision and one gross misdemeanor count of operating a motor vehicle under the influence of alcohol.
The charges stem from a June 8 incident, when a deputy of the Morrison County Sheriff’s Office received a report of an ATV rollover crash off Highway 27 in Morrison County. Dispatch reported that there was an injured passenger. The deputy arrived at the scene and observed a side by side ATV laying on its roof in the ditch on the north side of Highway 27. The victim was already loaded on a backboard and stretcher at the time the deputy arrived. The victim was being wheeled into an ambulance to be transported to a hospital for medical care. It appeared that the victim had suffered serious injuries because of the accident. Later, the victim was loaded into a life link helicopter for transport to the St. Cloud hospital, according to the report.
The deputy began investigating what caused the crash. The deputy was advised that Herold was the driver of the ATV. A witness reported that she had been with Herold and the victim at a bar in Hillman. Per the report, the witness stated that they werer eating and also had a couple of drinks. The witness stated that Herold was driving the ATV and the victim was the passenger. She was following them in another four-wheeler. The witness stated that Herold entered the ditch off Highway 27 and went on to the ATV path. Herold drove over a road approach at a high rate of speed and the ATV rolled over, causing the injuries to the victim. It was reported that Herold left the scene when a passerby called 911.
According to the report, Herold returned to the scene a short while later and asked the deputy how the victim was doing. The deputy could detect a strong odor of alcohol coming from Herold. Herold allegedly stated that he had only one beer to drink. The deputy asked Herold to perform field sobriety tests. The horizontal gaze nystagmus test showed indications of impairment. Herold performed poorly on the walk and turn test. However, no clues were observed on the one leg stand test. A portable breath test showed an alcohol concentration of 0.11. Herold was then placed under arrest for driving while impaired. The deputy then obtained a search warrant for a sample of Herold’s blood. A blood sample was taken from Herold at 8:25 p.m. The sample would be sent to the BCA for testing.
An examination of Herold’s driving record shows that he has a prior conviction for driving while impaired from March 25. He was sentenced for that offense on May 13.
On June 9, the deputy spoke to the surgeon who operated on the victim. The surgeon stated that the victim had a successful surgery and should make a full recovery, per the report. However, the surgeon also stated that the victim’s injuries had been life threatening, and there would have been a strong likelihood of her dying without the surgery.
According to the report, also on June 9, the deputy spoke to another witness who came upon the ATV crash scene. The witness stated that he did not see the crash occur, but he did drive by and he saw the ATV on its roof in the ditch. He asked if they needed help, and Herold told him that the victim did not need medical assistance and not to call the police. Yet another passerby stopped to assist, and that person did call 911. According to the witness, Herold fled from the scene shortly thereafter.
If convicted on either felony charge, Herold faces up to three years imprisonment and/or a $10,000 fine. If convicted on the gross misdemeanor charge, Herold faces up to one year in jail and/or a $3,000 fine.
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