NEW ULM — Charges were amended Monday against a 53-year-old Lake Crystal man charged in the fatal August 17, 2023 two-vehicle South Broadway crash that took the life of 82-year-old New Ulm woman Sharon Portner.

Two counts of felony criminal vehicular homicide, gross misdemeanor 3rd-degree DWI – one aggravating factor and misdemeanor 4th-degree DWI were filed against John R. Deleo Sept. 18. He was originally charged with one count of felony criminal vehicular homicide – operate vehicle with negligence and misdemeanor 4th-degree DWI.

The amended complaint was done after a Minnesota Bureau of Criminal Apprehension (BCA) toxicology report dated Aug. 31, 2023 showed Deleo’s blood alcohol concentration was .197. A Zoom hearing was set for 8:39 a.m. Tuesday, Oct. 10, 2023.

Deleo was arrested at the crash scene, Broadway and 15th Street South after police and the Minnesota State Patrol were called to the crash. Emergency responders took Portner to New Ulm Medical Center, where she later died.

At the scene, officers saw a black 2015 BMW 435I just south of the 15th Street South intersection and a silver 2014 Mitsubishi Outlander on the grass, just past the west side sidewalk, facing north. Damage was major to the front end of the BMW and passenger side of the Outlander.

Officers noticed intoxication clues including stumbling, swaying and an alcoholic beverage smell from Deleo. He admitted to having a couple drinks, was arrested and taken to the Brown County Jail.

A crash scene witness said he noticed a dark-colored convertible behind him prior to the crash. A witness at Turner Hall said a man ordered Turner ribs by phone and struggled to place his order.

The Turner Hall witness said the man moved slowly, spoke in an odd way, got his food and said “I’m going to hit 160 on the way home.”

The time stamp on the Turner Hall bill read 1:34 p.m. Officers were dispatched to the crash at about 1:42 p.m. Aug. 17, 2023.