Judge: Victims can be heard, considered in Girl Scout crash case

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Chris Vetter, The Leader-Telegram, Eau Claire, Wis.
·5 min read
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Mar. 25—CHIPPEWA FALLS — Chippewa County Judge James Isaacson ruled Thursday that victim impact statements and comments from the family and friends of the three Girl Scouts and a mother who were killed in a November 2018 crash will be considered when he sentences the passenger involved in that crash.

John E. Stender, 24, 817 2nd Ave., Eau Claire, is charged in Chippewa County Court with harboring/aiding a felon-falsifying information, and intentionally abusing a hazardous substance, which is a misdemeanor. Stender was a passenger in a truck driven by Colten Treu, who struck the Scouts as they were cleaning debris near Highway P in the village of Lake Hallie. Treu and Stender the drove to their house, where they hid the truck in a garage. Treu was sentenced in March 2020 to serve 54 years in prison.

Defense attorney Harry Hertel, who represents Stender, said his client plans to enter a plea to the felony charge of harboring/aiding a felon-falsifying information. However, Hertel contends the victims of that crime are the police who were looking for the vehicle, not the victims of the crash or their families and friends.

"My client did not cause that tragedy," Hertel told Isaacson during a motion hearing Thursday. "He tried to steer the wheel away from the accident. It doesn't minimize the fact those lives were lost, and it doesn't minimize the fact he was in the car with Colten Treu. But he is not Colten Treu."

However, Isaacson disagreed with Hertel's reasoning.

"That charge alone doesn't tell the whole story," Isaacson said. "John Stender was in the car when the underlying crime was committed."

Isaacson said Hertel was seeking a "pre-plea determination of what the court will allow, in regards to the rights of the public." However, Isaacson said he wants to hear from people impacted by the crash.

"The court believes the victims of Colten Treu's actions are closely related to that of Mr. Stender's," Isaacson concluded.

Isaacson set a plea hearing for April 19.

Attorney Megan Robson, who represents one of the families, told Isaacson that victims need to be given dignity and respect, and the first step toward that is to acknowledge they are victims.

"This defendant wouldn't be here if this underlying felony hadn't occurred," Robson said. "He was aware that vehicle had hit a person. He made the decision to help Colten Treu hide the evidence of that crime. If they had been successful, the families would have no closure."

Robson added: "Mr. Stender was there, he knew what happened, and he tried to cover it up, and that can't be separated."

Chippewa County District Attorney Wade Newell echoed Robson's comments, saying Stender's crime cannot be viewed distinctly from Treu's actions.

"This crime isn't just hiding evidence; it is aiding a felon in hiding evidence," Newell told Isaacson. "It's more than just putting a vehicle into the garage."

Newell said the totality of the incident must be considered when determining the length of the sentence.

"One of the major things for the court to consider is the character of the defendant," Newell said. "They were both huffing; they were passing it back and forth in the vehicle. The fact is he was using air duster, and he knows the impact of it on them. It is no different than sitting with the driver, and trading shots with him as you are driving down the road."

Newell added: "The victims should be able to talk about the gravity of the offense and how it impacted them."

Hertel clarified that he wasn't trying to stop people from being able to speak at the sentencing, but he didn't think their comments should be considered when the length of the sentence is determined.

After the crash, Stender turned himself in to the Eau Claire Police Department later that day.

Stender remains free on bond, with the requirement that he cannot possess or consume alcohol or illegal drugs, including aerosol cans for "huffing" purposes.

According to the criminal complaint, Treu and Stender had purchased an aerosol can at the Lake Hallie Walmart on Nov. 3, 2018, and were driving back to Treu's home at 1060 Joseph St., Chippewa Falls. Both men had "huffed" from the aerosol can during the drive.

The crash happened as Treu was driving northbound on Highway P, just south of the Highway 29 overpass. Treu's vehicle veered off the west side of the road and struck the group of Girl Scouts as they were removing litter.

During his sentencing hearing, Treu claimed Stender caused the crash. Treu said he yelled at Stender, saying "What are you doing?" when Stender grabbed the wheel.

Treu said he overcorrected the vehicle and wound up going in the ditch, where he struck the Girl Scouts. However, Chippewa County District Attorney Wade Newell pointed out that Treu didn't hit his brakes and immediately stop the vehicle.

In interviews with law enforcement, Stender admitted he grabbed the wheel of the car, causing Treu to yell at him. Stender recalled seeing one person being struck by the vehicle; he hit his head and lost consciousness. He woke up just before they arrived at Treu's home.

After striking the five people — one Girl Scout who was hit survived the crash — Treu drove his vehicle back to his home rather than staying at the scene. He then hid the pickup in a garage. Stender did not immediately assist law enforcement or return to the scene, leading to the charge of assisting or harboring a felon.

Newell filed the charges against Stender just days after Treu's sentencing concluded.

The four people killed in the crash were Autumn Helgeson and Jayna S. Kelley, 9, both of Lake Hallie, Haylee J. Hickle, 10, and her mother, Sara Jo Schneider, 32, both of the town of Lafayette.

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