Andrew Emer, charged in connection with fatal hit-and-run crash pleads not guilty

MILWAUKEE COUNTY -- 73-year-old Andrew Emer of Milwaukee, charged in connection with a fatal hit-and-run crash was in court on Monday, November 30th for his preliminary hearing.

Andrew Emer



Emer is charged with one count of hit-and-run involving death.

Emer waived his preliminary hearing, and it was determined by the court that there is enough evidence for Emer to stand trial in this case.

He has pleaded not guilty.

The hit-and-run crash happened on November 17th. 64-year-old David Montanez died at the hospital following the crash.

A car hit Montanez when he was in the street -- shortly after he exited a Milwaukee County bus.

It happened around 5:30 p.m., near Layton Boulevard and Rogers Street.

"When I saw the shoe in the street, I knew it was him. I've picked him up many times when he's fallen down," said Chris Cheever, a neighbor.

FOX6 News is told Montanez had difficulties walking.

Few in the neighborhood even knew his last name.

Fatal hit-and-run crash near Layton and Rogers



We're told he served in the military and worked for 35 years with the city of Milwaukee's water and sewer department. Many neighbors say this is a dangerous intersection for all who pass -- and they'd like to see a stop light to slow traffic.

"People drive like idiots," said Cheever.

During their investigation, police spoke with a citizen witness who indicated she was riding a Milwaukee County Transit bus with Montanez. They had both exited the bus at the stop on Layton near Rogers Street.

The woman said she was crossing Layton from east to west -- walking in front of Montanez. The woman told police she heard a crash sound, and saw that Montanez had been hit.

The woman didn't see the striking vehicle, but another person on scene was able to grab a license plate number.

Fatal hit-and-run crash near Layton and Rogers



Another witness told police he was driving northbound on Layton when he saw a pedestrian crossing the street at Rogers Street. That witness slowed to allow the pedestrian to cross, and that's when he observed a white van that had been traveling behind his vehicle suddenly change lanes and pass his vehicle. The white van then hit Montanez.

The witness told police the white van continued northbound without stopping after the crash.

A short time later, the witness told police he saw the van return to the scene -- stopping briefly before fleeing the scene again -- headed northbound on Layton at a high rate of speed, according to the complaint.

Police did a check of the license plate number, and found that the van was registered to Andrew Emer of Milwaukee.

Police were able to get an address for Emer, and they found the van parked near that address.

The complaint indicates police spoke with Emer, and he indicated he had been at his home for about 30 minutes, and he had gotten there via his van. He was asked if he knew why police were at his home, and he said: "I think I do, and I think I don't, but to clarify everything, we can get right to the point."

Emer then indicated he was driving down 27th Street and it was raining and cold. When he got near the intersection of Layton and Rogers, police say Emer indicated: "This guy just comes right in front of my van -- and I hit him."

According to the complaint, Emer told police he was "going to turn himself in tomorrow."

Emer went on to say: "I guess I shouldn't have ran, but I went down the block a little bit and then I turned around and went back. Some lady was there and I asked if he was alive. She said he was dead," according to the complaint.

An autopsy of Montanez, performed by the Milwaukee County Medical Examiner's Office, determined Montanez died as a result of blunt force injuries consistent by being struck by a motor vehicle.

Emer will next be in court for a scheduling conference on December 15th.