The 28-year-old Waukesha man accused of of Waukesha during an alleged drunken driving hit-and-run crash now faces additional charges after a passenger in his car had a miscarriage following the accident, according to court records.
remains jailed in lieu of $250,000. His preliminary hearing was delayed until Sept. 6 after District Attorney Brad Schimel amended a criminal complaint to include two additional felony charges against Montano.
Montano previously was not charged with operating while intoxicated because police did not have blood evidence immediately after the crash. However, Montano is now charged with homicide by intoxicated use of a vehicle and homicide of an unborn child by intoxicated use of a vehicle.
Montano was previously charged with three felonies: homicide by negligent operation of a vehicle, hit-and-run resulting in death and hit-and-run causing injury. He now faces five felony charges and up to 80 years, nine months in prison if convicted on all five felony counts.
The amended charges allege that before the July 21 crash, a waitress remembered Montano arguing with her after she refused to serve him a drink per restaurant policy about serving alcohol after 1:30 a.m. The waitress described Montano as being “extremely intoxicated,” as Montano passed out or fell asleep at the table with his face almost landing in his food. Montano had difficulty paying his bill and picking up his changed, she told authorities, according to the criminal complaint.
Video surveillance at the restaurant shows Montano having a difficult time maintaining his balance, the complaint alleges. Staff at a nightclub where Montano had been before the crash also remembered him as he tripped down the stairs and nearly fell when he tripped into a bike rack, according to the complaint.
The manager at the nightclub told authorities that the manager refused to serve Montano another drink because he appeared “pretty intoxicated,” the complaint alleges.
After Montano left Milwaukee, he was driving on Highway 164/59, where he crashed into Feagles and her 16-year-old daughter Niekol Pucine, who were pushing their car after it ran out of gas near East Broadway. Montano fled the scene after striking Feagles, the complaint alleges.
Pucine told authorities she heard a horn honking around 3:35 a.m. before she was struck. The vehicle drove away without anyone making contact with Pucine or Feagles to see if they were OK, the complaint states.
Feagles was pronounced dead at . She had been pushing the vehicle near the front of the car while steering the vehicle from the driver’s side door.
Feagles is survived by her three daughters, including Pucine.
The two women in the vehicle with him later told authorities he was drinking shots of tequila and consumeed at least one tequila-based soda drink, according to the criminal complaint.
The two women who were in the car with Montano contacted police after the accident. One of the women had a miscarriage in the accident, the complaint states. She was five weeks pregnant, unaware that she was pregnant and did not want Montano prosecuted for the death of her unborn baby.
They were returning to the area Grand Avenue and Debbie Drive, where the vehicle was abandoned, which is when they determined to speak with authorities, the complaint states.
Police had followed a fluid trail to the vehicle’s location and had a heavy presence at the scene when the women spoke with police, the complaint states.
When the women turned themselves in to police, Montano went to an acquaintance’s residence, according to the complaint. Officers located Montano in Racine, where he told them, “I was in an accident,” the complaint states. “I was driving and I hit the car and got scared and ran.”
Montano told police he spent $200 during the evening out and that he was returning home to “get sober,” the complaint states. He denied doing shots, but admitted to consuming three to four drinks, according to the complaint.
“I was a little bit drunk,” he told authorities.