Posted on Sep 12, 2011

Kelly Jacob Agnes was driving his Dodge Ram 1500 pickup truck east on Highway A when he approached the T-intersection with Highway H in Sugar Creek, near Elkhorn. Traveling south on Highway H, John M. Weller, 21, of Palmyra, WI, approached the intersection in his Chrysler Sebring and violated the stop sign, striking the pickup truck. The accident took place at about 8:50 p.m. Agnes, aged 40, of Elkhorn, was pronounced dead at the scene.

Weller was first taken to Lakeland Medical Center in Elkhorn, and then airlifted to Froedtert Hospital in Milwaukee. He was still in intensive care on Wednesday.

According to Capt. Scott McClory, patrol division commander at the Walworth County Sheriff's Office, Weller faces a charge of homicide by intoxicated use of a motor vehicle.

McClory said investigators at the scene found evidence that indicated Weller could have been intoxicated, but his blood-alcohol level and toxicology report are not available, Northwest Herald reports.

Agnes, who was divorced, was a father of five children ranging in age from 5 to 21. His mother, Dorothy Agnes, said,"He was a very loving, caring person who loved his nieces, nephews and children." Agnes was on his way to his job at a Stoughton, WI, car dealership when the crash occurred.