Man sentenced to prison for killing Good Samaritan in underage drunk driving crash

WAUPACA (WLUK) — Evan Barnick was sentenced Monday to six years in prison for a DUI crash. killed a Good Samaritan who helped another motorist.

Barnick, 21, was previously convicted of three countsincluding homicide by intoxicated operation of a motor vehicle, first-degree reckless endangering and endangering safety, and violating a court order for an ignition interlock device.

Gerald Paginal, 77, died in the crash at County W and Brehmer Road in the Town of Caledonia shortly after midnight on October 29, 2023.

Barnick was also placed under extended supervision by Waupaca County Judge Raymond Huber for six years.

Before the verdict was handed down, the motorist who stopped Pagel to help spoke about her “guardian angel” and the lasting impact of witnessing the crash that killed Pagel. Pagel’s brother and son also discussed their loss.

Laurie Barnick, Evan’s mother, addressed the court. She expressed her condolences to the Pagel family. She said her son is not a bad person, but that he made “a terrible choice” that resulted in a “tragic accident,” which was not intentional.

Barnick addressed the court and offered his “most sincere apologies.”

Never in my life did I think I would cause so much pain. I’m sorry I took someone from this world. Someone who not only didn’t deserve what happened, but also someone who was close to many. Someone who was a friend, father, brother, uncle, whatever it was, I’m sorry,” Barnick said.

By allowing the injuries to be counted consecutively to time in the mortality-related count, the judge echoed the motorist’s comments about the lasting effects of the accident.

“I think what really bothers her, and honestly it should, is the fact that you not only hit (the victim) and killed him, but you kept going. You didn’t even stop to offer help. According to the court, this really shows depravity of mind. You clearly knew you had hit something. Even if you gave yourself the benefit of the doubt that you might have hit the deer that was dead in the road, you saw two people there, you didn’t stop, you kept driving. I’m sure you didn’t because you knew you were drunk, and you were driving a truck without an ignition interlock. And in order not to impose any consequences on that behavior – you have clearly put AMM (the motorist) in great danger – I think you should also impose a prison sentence on that point,” the judge said.

According to the criminal complaint, Pagel stopped to help a motorist after a car-deer accident.

That woman told police that “she and Pagel were standing in front of her vehicle when a southbound truck sped toward them. (The motorist) stated that she was able to dive into the ditch to avoid being hit herself.” told (an officer) that she heard (Pagel) yelling, “They’re going to kill us” just before he was struck by the southbound vehicle,” the complaint said.

When stopped by police, Barnick – then 20 years old and too young to legally drink – admitted he had been drinking but denied hitting Pagel. The damage to his vehicle was consistent with hitting a person.

A check of DOT records revealed to officers that Evan had two prior convictions for OWI, was only allowed to drive vehicles equipped with an ignition interlock device, had his license revoked, and had a .02 impairment. There was no ignition interlock installed in the truck driven by Evan,” the complaint states. “During the course of the investigation, it was determined that witnesses observed Evan drinking a large amount of alcohol before driving, and witnesses identified Evan as driving alone. prior to the crash.

Blood was drawn, but no results were reported in the complaint.

According to court records, Barnick was fined $500 and sentenced to 30 days in jail for conducting a prohibited alcohol concentration second offense that occurred in July 2022.