Judge Reduces Hit-and-Run Driver's Bail to $40K

A bail reduction has been granted for the 54-year-old Port Washington man charged in a hit-and-run incident — but it remains unclear whether the reduction is enough to allow the man to get the help his attorney says he needs.

During a court hearing on Tuesday, Judge Paul Malloy reduced bail to $40,000 for Kevin P. Brown, 556 W. Chestnut St.; bail had been originally issued on Dec. 20 at $75,000. On Dec. 27, Brown's attorney, James Martz, had requested a $5,000 bail — but that motion was denied.

Martz appeared in court on Tuesday for a second request to reduce bail, explaining that Brown's family members were arranging finances in order to admit Brown to a program that would help him with his alcohol problem; the program also includes 24/7 supervision.

"These are not offenses that says he's an evil person or a mean person, but that he had some extreme lapses of judgment that hurt somebody else," Martz said during court on Tuesday. "The one thing that he certainly needs is some help with his alcohol problem."

The incident occurred at about 7 a.m. Dec. 19, when Brown — on his way to work in Sheboygan — struck Kopacz, who was walking on County Highway KK (Moore Road) near North Spring Street and the railroad tracks in the Town of Port Washington. Brown was arrested about 2 p.m. that day after turning himself in. During the arrest, officers detected a strong odor of alcohol on his breath. A preliminary breath test showed a 0.17 blood alcohol content.

Kopacz sustained head, leg and arm injuries and was transported by ambulance to St. Mary’s Ozaukee Hospital and then transferred to Froedtert Memorial Hospital in Wauwautosa by Flight for Life. Hospital officials had no records of Kopacz as a continuing patient as of Jan. 11, however they could offer no further information about her condition.

Brown is charged with two felony counts: hit-and-run causing bodily injury and injury by intoxicated use of a vehicle. If convicted, he could face up to 27 1/2 years in prison and/or a $75,000 fine.

Patti Wabitsch spoke on behalf of the state, countering Martz's request for the reduction. The fact that Brown left the scene after hitting Kopacz and also considering the extreme consequences he faces put him at a flight risk, Wabitsch said.

But, Martz pointed out, Brown had the opportunity to flee after the December incident, but instead turned himself in — a demonstration that he actually is not a flight risk.

Malloy ultimately decided on the $35,000 reduction to bail, citing the seriousness of the offense and the need to protect the public from future incidents as well as ensure that Brown return to court for future hearings. If Brown is to post bail, he must also wear a SCRAM bracelet at all times, will not be allowed to operate a motor vehicle, must surrender his passport and maintain absolute sobriety.

Martz asked whether a property bond would be an option to pay for bail, but Malloy said the bail is to be paid in cash.

Brown remains in custody on Tuesday, and is set to appear in court for a status hearing at 10 a.m. Feb. 21.