Updated: Waukesha Police Officer Faces no Violations After Hitting Teen on Bike

A Waukesha police officer whose squad car hit and injured a teenager biking on Highway 59 in July has been cleared from wrongdoing and will not face any departmental violations for the accident, Capt. Dennis Angle confirmed Thursday.

Waukesha County District Attorney Brad Schimel in a document released this year said there was no basis to cite the officer, Ian DeKarske. Schimel chose not to issue a citation against the bicyclist, 17-year-old Travis Weber, but said in the document that there was a basis to cite Weber in the accident.

"It is clear from the interviews of many witnesses that visibility was very difficult at the location where the crash occurred at the time of night involved," Schimel wrote Sept. 29. "It is also clear that the bicyclist who was struck had take no steps to ensure the visibility of himself or his bicycle as he crossed a busy, fast-moving multiple lane state trunk highway."

Police reports indicate DeKarske, 25, was traveling without emergency lights or siren to assist another officer. DeKarske was estimated to be traveling about 57 mph, 12 mph above the posted speed limit, which Schimel said Sept. 29 was "reasonable."

The investigation revealed that DeKarske was not on the phone, sending or receiving text messages or communications from the dispatch center.

"Since the officer had been dispatched to assist other officers on a call, it was reasonable for him to travel moderately over the speed limit without his emergency lights activated," Angle said in an e-mail. "After the collision, the officer's emergency lights could not be activated as they were disabled due to the accident.

"Furthermore, immediately after the impact the officer stopped and took steps to safeguard the life of the injured bicyclist by placing his squad across the road, calling for emergency medical help and performing CPR himself until paramedics arrived."

The squad crash was investigated by the Wisconsin State Patrol and reviewed by the Waukesha County district attorney's office and the Waukesha Police Department's command staff, Angle said.

Angle noted Weber and his friend were violating a city ordinance that requires bicyclists to yield the right of way to motor vehicles upon entering a highway.

Factors into Waukesha Police Chief Russell Jack's decision to not discipline DeKarske included impaired visibility due to darkness, lack of street lights, no lights or reflectors at the time of accident worn by the bicyclist or on the bicycle, Weber and his friend were wearing dark clothing while crossing a major highway at night at a controlled intersection with six lanes of traffic, witnesses that stated the bicyclists were difficult to see, the squad lights were illuminated and the squad was traveling within a speed limit that is allowed for police under department policy and state law, Angle said.

While DeKarske has been cleared by Schimel and the Waukesha Police Department, a lawsuit against the city is pending. Attorney Mark Thomsen filed with the city a notice that Weber is seeking reimbursement for his medical bills, which had reached more than $300,000 in October, according to the claim.

Weber received a head injury, a broken leg, a calf wound and a chin laceration from the crash, the claim states.

When Weber was discharged from the Children's Hospital of Wisconsin, he was "awake, comfortable and pleasantly conversant," the claim states.