PORT WASHINGTON -- An Ozaukee County judge sentenced Daniel Fagan of Brown Deer to ten years in prison in the hit-and-run deaths of 72-year-old Leonid Krol and his 69-year-old wife, Emiliya. Fagan was also sentenced to 14 years of extended supervision and ordered to pay restitution.
The Krols were walking along the road when Fagan's SUV hit the couple. Fagan then apparently fled the scene. The crash occurred on County Line Road and Mequon Place on January 2, 2011.
The criminal complaint says Fagan admitted to striking the Krols. It reads, "after striking them, he stopped, exited the vehicle and checked on the adults, finding no signs of life. Fagan stated that he panicked and drove home. He did not make any attempt to contact police or anyone else regarding the crash, and waited until the following morning before he told his father."
Fagan pleaded guilty to two counts of hit-and-run involving death as part of a plea deal. Two counts of homicide by negligent operation of a vehicle were dropped in the case.
In a Port Washington court Monday, Fagan apologized for his actions."I will have no choice but to continually ask myself 'why.' 'Why didn't I just stay there?' Problem is, that I have not been able to answer that myself," said Fagan. "I am truly going to have to live with the guilt of my actions the rest of my life."
Fagan has had four OWI convictions -- a fact not lost on the son of the victims of this case. "He was supposed to be behind bars before his first or second or third DWIs...not after he killed two innocent people," said Vitali Krol.
Fagan's father spoke of the hurt his son has inflicted."I'd like to apologize to the people that are here. It's been a terrible thing for both sides, and I know that God will take care of your family. I'm sorry," said Thomas Fagan.
Fagan himself issued an apology directly to the Krol family. He said, "I wish I could trade places with Leonid and Emiliya. I would in an instant...I know no matter how I try and try, I will never be able to pay my debt to the Krol family for their loss."
Fagan may be eligible for early release after eight years in prison. His attorney says a lesson everyone should learn from this case is -- if you're in a serious accident, don't leave the scene before authorities arrive.