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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

Trump struck out at Swift a day after the singer and longtime Nashville resident endorsed Democratic candidate Phil Bredesen, a former governor, over Republican Rep. Marsha Blackburn in Tennessee's Senate race. 210

To understand how shocking this is, you need to read the definition under the law of mentally incapacitated. It means that you are drugged without your consent."the loophole states it is legal to sexually assault your spouse if you drug him or her without their consent," Pothutsky said.She said when she learned of the loophole, she was shocked. She said there are already numerous barriers to reporting rape.The fear of facing a he-said, she-said situation. The fear of not being believed. The fear of being judged."I have been the victim of partner rape, and that is why I didn't report it," Pothutsky said. "Because it is so difficult to prove that this person you are in a consenting relationship did something without your consent."House Bill 4942 would literally delete mentally incapacitated as an exception to marital rape."It's frustrating to have to have conversations defending and explaining why this is something necessary to do," she said. "Those conversations were few and far between, but they did happen."Lori Kitchen-Bushell is the executive director of First Step – a non-profit in Plymouth that helps women and children escape domestic violence.She said every day she witnesses the courage it takes for survivors to leave and seek justice."Every adult every person every human has the right to autonomy over their body and if they cant consent it is assault," Kitchen-Bushell said.She tells us that she hopes the bill – that has 61 co-sponsors and bipartisan support – doesn't linger in committee."To find out you don’t have legal resource because you are in a marital relationship, that would be devastating," Kitchen-Bushell said."I think it is paramount that we start removing barriers like this so victims of sexual assault can get justice," Pothutsky said.The bill has not yet gone before the committee, but it is likely that it will. If you think it should move forward, now is the time to reach out to your lawmaker in Lansing. 1965

Trump called the landmark nuclear accord with Iran "defective at its core," adding: "If I allowed this deal to stand, there would soon be a nuclear arms race in the Middle East." 178

They couldn't fit the gurney through the door, so it looked like she was brought out with a bedsheet, the neighbor said. "It was white and there was quite a bit of blood all over." 181