Father charged in drunk driving crash that injured three children

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ONEIDA, Wis. (WBAY) -- UPDATE 6/26:

Photo: Outagamie County Jail

Criminal charges have been filed against a Green Bay man accused of causing a drunk driving crash that injured three children.

Gustavus Dalton Jr., 39, appeared in Outagamie County Court Wednesday for a bond hearing. The court set bond at $75,000.

Action 2 News was in the courtroom and will update this developing story.

Dalton is charged with two counts of Injury by Intoxicated Use of a Vehicle and OWI (4th with a Passenger Younger Than 16.)

A criminal complaint obtained by Action 2 News states Outagamie County deputies were called to a two-vehicle crash at the intersection of County Road C and County Road E in the Seymour area. During the response, they learned that someone had been ejected from a vehicle. A helicopter had been called to the scene to transfer a 6-year-old girl to a hospital.

One of the deputies arrived on scene to find Gustavus Dalton holding two girls near the crash. Dalton said that he had gone through the intersection and the rear end of his truck was hit by another vehicle.

Dalton said he found his 4-year-old girl "laying in a nearby parking lot." She had been ejected from the vehicle. A second helicopter was called to transport her to a hospital.

An officer who attended to the 6-year-old girl before she was airlifted said she was "limp and unresponsive with her eyes open, but no pulse and no breathing," according to the complaint.

A deputy who spoke with Dalton at the scene said he appeared to have "glossy eyes." The deputy noticed the "odor of intoxicants coming from his person."

Dalton said that he had consumed two "tall boy" cans of "Hurricane." Tall boys are 16 oz cans.

"He initially indicated that he consumed the alcoholic beverages before picking up his girls, though he would later indicate that he was actually consuming the beverages in the vehicle as he was driving with the girls in the rear seat," reads the complaint.

Deputies administrated field sobriety tests. Dalton was taken to a hospital for a blood test. Results are pending.

Dalton was taken into custody. He said that he thought he was "OK to drive, but probably wasn't," according to the complaint.

Dalton is the father of the 6-year-old girl and the 4-year-old girl.

A 3-year-old girl was treated for minor injuries and released at the scene. Officials say Dalton is the girl's guardian.

Investigators say Dalton had failed to stop at a stop sign at the intersection. The man whose vehicle hit Dalton's Suburban said he saw Dalton slow down as though he was going to stop. Dalton failed to stop. The witness said he tried to swerve but was unable to do so. He witnessed one of the girls get ejected.

The driver said "he became sick to his stomach thinking that she [the girl] was dead."


Two young girls remain in the hospital after being airlifted from a suspected drunk driving crash in Oneida on Monday night.

According to the Outagamie County Sheriff's Office, those girls are four years old and six years old and sustained severe injuries in the crash. A three-year-old girl was treated for minor injuries and released at the scene.

CLICK HERE: 3 children hurt in suspected drunk-driving crash

Tyson Johnson lives on County Highway C down the road from the intersection where the crash happened.

"We noticed that there was no traffic on the highway which was unusual," said Johnson. "We then heard a helicopter that came right over the house. That got our curiosity, so we stuck our head out and saw the helicopter come and land on the highway."

With children himself, watching the scene unfold was all too real for Johnson.

"It was gut-wrenching. Just to find out that there were kids and to find out the kids were the ones airlifted, it was really gut-wrenching. It made me think that maybe that could have been us coming home from Appleton," he said.

Another neighbor, Laura Ledvina, captured a video of the 39-year-old man investigators say ran the stop sign going east on County Highway EE getting a sobriety test from officers shortly after the crash. He was arrested for suspected operating while intoxicated.

That man has been identified as the father of two of the young girls who were hurt and the guardian of the third.

"It's pretty crazy to see where the accident took place and how much force had to take place to push all this dirt and the vehicles this far," said Johnson. "That's just unreal."

The 39-year-old man is expected to appear in court on Wednesday. His name has not been released.