25-year prison sentence for man convicted in 2019 drunken driving crash that killed off-duty Milwaukee police officer

Kong Her’s religious faith has been challenged since a drunken driver killed his brother, an off-duty Milwaukee police officer, in 2019.

But almost three years later, as the man responsible was to receive his prison sentence, it did not stop him from expressing forgiveness.

“We forgive you, Dante,” Her said, speaking for his family. “God loves you and we hope you turn your life around.”

Dante James, 37, was sentenced to 25 years in prison Tuesday for running a red light at twice the speed limit and crashing into the vehicle driven by Kou Her, 27, in June 2019. He will spend another 13 years under supervision from the state.

Her was a beloved two-year Milwaukee Police Department veteran who was remembered as a role model in the Hmong community. The night of the crash, he was driving home from a patrol shift in District 4.

The incident came shortly after three officers with the Milwaukee Police Department had died in the line of duty, and his death prompted reactions from a number of public officials, including Gov. Tony Evers.

A dozen uniformed Milwaukee police officers, among a group of around 30 onlookers, attended the proceedings Tuesday.

At the time of the crash, James had already stacked up four prior OWI convictions and still had his driver’s license revoked and was on probation from his last one, in 2018.

He was charged with five felonies in connection with the 2019 crash but did not reach a plea agreement with prosecutors until almost three years later, on April 1.

He pleaded guilty to homicide by intoxicated use of a vehicle and first-degree recklessly endangering safety. The other charges were dismissed.

Milwaukee County Circuit Court Judge J.D. Watts called the justice system’s attempts at correcting his behavior “a colossal record of failure,” but laid the blame squarely on James.

“The truth is, Mr. James, you’re dangerous, violent and reckless,” Watts said. “Ultimately the personal responsibility falls on you.”

James’ prior drunken driving history led Assistant District Attorney Michael Schindhelm to request a maximum 30-year prison sentence. He argued that James’ four prior cases demonstrated there was no reason he would not offend again. Jail time, probation, a revoked driver’s license, being ordered to receive treatment – none of it worked before, Schindhelm said.

He also referred to the circumstances of his past drunken driving offenses. A previous incident, in which James crashed into a tree, left him in a coma for five weeks. In another, a cold case of beer and his 13-year-old daughter were in the car with him.

“We simply can’t keep doing the same thing,” Schindhelm said.

In a brief statement, James said he was “deeply sorry” for his actions three years ago. He introduced himself as an alcoholic who had been drinking since he was 17, when his older brother told him alcohol, rather than the medications he’d taken since he was 10, would better treat his mental health problems.

James’ attorney, Peter Kovac, called Schindhelm’s request for 30 years of imprisonment “arrogant” and emphasized that his client’s addiction was a medical issue that needed proper care.

James said the justice system had never forced him to receive treatment for his problems before.

“I do need help,” he said. “I’m asking the courts to please give me the help that I need.”

Her earned an associate degree in criminal justice at Milwaukee Area Technical College in 2015. Shortly after the crash, then-Police Chief Alfonso Morales said he came from a family of eight other siblings, and his father, a Vietnam veteran, was “very proud to have the first son in the family be a police officer and serve our community.”

In the days after his death, Evers ordered all American and Wisconsin flags to be flown at half-staff for three days in his honor. He called Her “a role model in the Hmong community.”

Kong Her said during Tuesday’s hearing that his family has experienced tremendous pain after losing someone they love “to something idiotic.”

The crash occurred at the intersection of North 60th Street and West Capitol Drive shortly after 2 a.m. June 18, 2019, as Her was driving home from a patrol shift in District 4.

James, meanwhile, had spent much of the previous day drinking, he later told police, according to the criminal complaint. His employer told police James showed up to work at 3 p.m. intoxicated.

When he was escorted to a clinic for a preliminary breath test, he asked if someone could “rig” the test or take it for him, the complaint said. When he blew a blood-alcohol content more than twice the legal driving limit, he was fired immediately.

He then continued drinking at his cousin’s house and at a bar before getting kicked out, the complaint said.

James disregarded a red light at the intersection and was traveling 62 mph, more than twice the speed limit, one second before impact, according to data from his vehicle, the complaint said. James fled the scene on foot but was soon apprehended when an officer noticed him stumbling and bleeding from his face.

Contact Elliot Hughes at elliot.hughes@jrn.com or 414-704-8958. Follow him on Twitter @elliothughes12.

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This article originally appeared on Milwaukee Journal Sentinel: Dante James gets 25 years for 2019 crash that killed Milwaukee cop