Mequon man sentenced for fatal crash that killed his own brother
John Benske
OZAUKEE COUNTY, Wis. - A Mequon man was sentenced to prison on Friday, April 12, following his conviction of felony homicide by intoxicated use of a vehicle.
The 15-year-old who he killed was his younger brother.
In Ozaukee County Court, 19-year-old John Benske was sentenced to five years in prison and five years extended supervision.
He pleaded guilty to the felony charge of homicide by intoxicated use of vehicle on Feb. 13, 2024. Following that guilty plea, the other charges were dismissed, but read in:
- Homicide by Use of Vehicle with PAC (Prohibited Alcohol Concentration)
- OWI, 1st Offense with a Passenger Under 16 Years of Age
- Operating with a PAC with a Passenger Under 16 Years of Age, PAC greater than or equal to 0.15
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In addition to the prison and extended supervision sentence, Benske must maintain absolute sobriety. He cannot possess or consume any intoxicants.
He cannot possess or consume controlled substances or prescription medication without a valid prescription. He must complete any assessment, counseling, and treatment deemed appropriate.
He cannot frequent or enter any establishment whose primary purpose is to sell intoxicants, and he must complete 100 hours of community service. He must also work with an agent to create a community service plan.
July 2023 fatal crash
The crash happened around 2 a.m. Sunday, July 2, 2023 at River Road and Le Mont Boulevard in Mequon. Police said it involved a single vehicle headed north on River Road. The driver lost control of the vehicle while negotiating a curve, causing the vehicle to cross the center line and strike a tree.
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Then 18-year-old John Benske was arrested after being spotted running in the roadway. Police got in touch with Benske who said "his brother needed help," the complaint says. Despite life-saving measures, the 15-year-old boy died.
Mequon man charged; fatal crash that killed his own brother, 15
An 18-year-old Mequon man faces charges of homicide by intoxicated use of a vehicle, and OWI (1st with passenger under 16 years old) in connection with a fatal crash that happened in Mequon early Sunday, July 2.
While in a police squad, an officer "could smell the overwhelming odor of intoxicants coming from his person. Benske made a statement that his little brother had been drinking and that they had switched who was driving before the crash" the complaint says.
At the crash scene, officers spotted a red SUV with major front-end damage and all interior airbags deployed. The complaint says there "were tire marks on the roadway that indicated that the (SUV) had failed to negotiate a curve in the roadway, and it appeared the vehicle had overcorrected and then gone into the west ditch where it struck a tree."
Benske was taken to the hospital for treatment of minor injuries.