A Douglas County judge set bail of $1 million for a Carter Lake man charged in the drunken-driving death of another man near Bennington.
Joshua E. Kuhl, 35, made his first court appearance at the Douglas County Jail on Tuesday. Kuhl’s appearance came after he was arrested in connection with the two-vehicle crash, which killed Norfolk resident Gary Smith, 69, at the 168th Street and Nebraska Highway 36 intersection early Sunday.
Kuhl has been charged with motor vehicle homicide and two counts of driving under the influence which led to serious bodily injury. The charges are felonies.
The charges against Kuhl stem from an incident that occurred shortly before 1 a.m. Sunday when a northbound Chevrolet Silverado, allegedly driven by Kuhl along 168th Street, failed to stop at a stop sign at the Nebraska Highway 36 intersection, the Douglas County Sheriff’s Office said in a press release. Kuhl’s pickup, according to the Sheriff’s Office, collided with a westbound Subaru Outback SUV.
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Smith, a passenger in the Outback, was taken to the Nebraska Medical Center, where he was pronounced dead. Kimberly Baumann, a 65-year-old woman from Pierce, Nebraska, was driving the SUV. The affidavit said two people in the SUV received serious injuries.
The crash is still under investigation.
According to an affidavit from a sheriff’s deputy, another deputy who responded to the crash detected the odor of alcohol on Kuhl’s breath. Kuhl’s eyes were allegedly watery and bloodshot. The deputy said Kuhl confirmed he was driving the pickup.
The affidavit said Kuhl complied with tests administered by law enforcement. A field breath test measured Kuhl’s blood alcohol content at .192, and a lab breath test at the Sheriff’s Office recorded his blood alcohol content at .171. Both readings are more than twice the legal limit of .08.
A prosecutor said Kuhl previously had two DUI convictions and a misdemeanor assault conviction.
A preliminary hearing has been scheduled for March 29.
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