Frank Schiller was "loaded" when he got behind the wheel after an argument with his parents and crashed into a van carrying four children, killing a man who stopped to help the family change a flat tire, according to a criminal complaint.
As a result, Schiller, 37, of Oconomowoc was charged July 13 in Waukesha County Circuit Court with homicide by intoxicated use of a vehicle and nine other felonies. He made his initial court appearance the same day and was ordered held on a $1 million cash bond.
The crash occurred at about 9:10 p.m. July 8 along Interstate 94 just west of Cushing Park Road in Delafield. According to the complaint, all four of the children suffered injuries in the crash.
Peter Enns, 48, of Canada died after Schiller ran over him with his car, the complaint said. Enns had stopped to help the driver of the van change a flat tire, according to police.
Schiller, who has four prior OWI convictions dating back to 2005 and was on bail for a fifth, reportedly tried to pass several cars by using the right shoulder of the highway where the van had stopped.
The complaint said Schiller's car struck the van traveling an estimated 70-80 mph and hit it with such force that the van flipped over and landed about 30 yards from where it was originally parked.
Three of the four children inside the van, ages 4, 9 and 12, crawled out of it after the collision, but one, an 11-year-old, was trapped inside and had to be extracted by police.
Before the crash, the complaint said, Schiller's mother reported Schiller to police, saying he had driven away from her and her husband's Summit home "high" after an argument with his father.
She reportedly said she was concerned he would try to evade police.
His father said Schiller was "loaded" when he left, and was "walking funny" and looked "a little bit tipsy," according to the complaint.
An officer said Schiller smelled strongly of intoxicants when the officer interviewed him at an area hospital. Schiller's blood alcohol content was not immediately available.
Court records indicate Schiller was convicted of OWI in 2000 in Dodge County, and in 2005 and twice in 2008 in Waukesha County.
He is facing his fifth OWI charge in Milwaukee County, and is scheduled for a plea/sentencing hearing in that case on Aug. 29. He was out of jail on a signature bond in that incident.
His next court appearance on the new charges, which include four operating while intoxicated causing injury counts and four felony bail-jumping counts, is July 20.