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They're just going to give a simple slap on the wrist first time OWI (operating while intoxicated), Richard Marsek said.Just before midnight on a dark road in Door County, Wisconsin, last year, a drunk driver killed 56-year-old David Marsek."David and I shared a log cabin in Rowleys Bay and if I had gone up there that weekend, maybe things would have ended differently," Marsek said.Richard Marsek and his brother David grew up in West Allis, Wisconsin. The two were 14 years apart in age."My brother was a quirky, loving, generous person," Marsek said.The day David was killed he had been drinking at a festival. According to reports, someone saw David in his car, so they got a deputy."I never actually saw him driving drunk in my life, but he would just go sit in his car and just sleep," Marsek said.That deputy briefly talked to David."The police officer essentially told him to do the right thing," Marsek said.So David started walking."I don't know if he anticipated him walking home five miles at that point," Marsek said.Just before the crash, a witness said he drove by as David walked along the side of the road."There was a first car that swerved around him and said that David was walking normally and then the second car hit David," Marsek said.According to deputies, the driver of that second car thought he saw a deer lying in the road. When he realized it was a person, it was too late. He drove over David and went down the road to a friend's house before calling 911."It's reckless driving, if nothing else. It's, in my opinion, leaving the scene of an accident, it's hit-and-run," Marsek said.The driver admitted to speeding. His blood-alcohol level was .123. He was arrested for his first OWI."In Wisconsin, operating while intoxicated as a first offense is a non-criminal traffic violation," said Door County District Attorney Colleen Nordin.Nordin didn't charge the driver with homicide by intoxicated use of a vehicle."I would not be able to meet my burden of proof and prove that this accident was caused because he was intoxicated and that it wouldn't have happened had he not been intoxicated," Nordin said. "We have a pedestrian lying in the middle of the roadway, in the dark, parallel, feet facing the vehicle that was oncoming, it creates a situation where it's very difficult to identify or recognize as the driver what that object is in the road."The district attorney said her decision wasn't easy."There's no excuse for drunk driving," she said. "I did not like having to make that decision, but I did have to make the decision that I felt was appropriate under the circumstances."WTMJ reached out to the driver for a comment. His attorney sent us this statement:"This matter is undoubtedly a tragic event for all concerned. As Mr. Warner's attorneys, our firm conducted a thorough and comprehensive investigation of the incident. After analyzing the facts, including the reports of independent experts, the firm is confident that legally this matter resolved in a just and appropriate manner. In addition to our independent investigation, the Door County District Attorney's office conducted an exceptionally diligent review of the accident. The District Attorney's office studied the investigative work of the Door County Sheriff's Department, the Wisconsin State Patrol, and the reports of outside experts. The loss of life is always tragic, and our firm extends its heartfelt condolences to the deceased's family. Ultimately, the firm believes that the resolution reached was appropriate under all of the circumstances, including the interests of the deceased's grieving family. The best resolutions are those that are the product of careful, considered analysis of the facts and the law." -- VANDEN HEUVEL & DINEEN, S.C.David's family has a different perspective."It's wrong, it's wrong," Marsek said.This story was originally published by 3886
This rainfall is expected to lead to dangerous, life-threatening flooding, the hurricane center said.More than 11 million people are under flash flood watches Sunday from the Gulf Coast all the way to the southern Midwest, CNN meteorologist Haley Brink said."Tornadoes are also possible across areas of Louisiana, Mississippi, Alabama, and Arkansas today," she said."The system is expected to track -- slowly -- north over the coming days, bringing heavy rain with it along the Mississippi River."Louisiana's governor urged residents to stay alert and follow any orders from officials."Now is not the time to let your guard down," Edwards said."In addition to the rainfall, there has been increased tornadic activity and a continued chance for more flash flooding as well."'The house was under water'In St. Mary Parish, about 60 miles east of where Barry made landfall, 64-year-old Joyce Webber hunkered down with about 20 other people at a community center when she learned a large tree branch had fallen on her mobile home, and her storm door had blown off."Trailers don't hold, no matter what type of storm," Webber said. "They just don't hold."In Mandeville, Ludovico Torri woke up Saturday to a surprising sight: Lake Pontchartrain was suddenly at the door of his house."The entire street and area under the house was underwater," Torri said.It took just 90 minutes for the water to rise another foot. Torri's car nearly flooded. And his family, including four children, were stranded in their home.Others, like Ollie and Hazel Jordan, struggled to find a place where both they and their pets can stay safe. The couple, both in their early 70s, walked a mile in the rain from their trailer to a shelter at a Baton Rouge middle school -- only to be told they couldn't in their two cats and small dog.But officials learned after 1832

There was also a child friendly area with rides, crafts and balloon animals. The event went on from noon to 11p.m. along Fifth Avenue, starting at University Avenue. 165
to about 150,000 customers starting Wednesday to prevent its equipment from setting off blazes.The shutoffs will begin as early as 6 a.m. local time and as late as 4 p.m., and will affect Northern California areas of the Sierra Foothills, the North Bay and the North Valley.Pacific Gas and Electric Co. 302
This is the first time on record that the continental United States has had two Category 4 hurricane landfalls in the same year. Last month, Hurricane Harvey devastated much of coastal Texas and killed more than 70 people. 222
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