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DeLeo sentenced to 48 months in prison

DeLeo sentenced to 48 months in prison

NEW ULM — John Roy DeLeo of Lake Crystal was sentenced to 48 months in prison Monday for the fatal Aug. 17, 2023 two-vehicle South Broadway crash that took the life of 82-year-old Sharon Portner of New Ulm.

Brown County Judge Robert Docherty denied a request by Mankato attorney James J. Kuettner for John Roy Deleo to serve up to 5 years probation and 364 days in jail.

DeLeo was immediately returned to custody and ordered to pay $4,277.58 in restitution. All other fees were waived. No family members made any statements at sentencing. He was originally charged with one count of felony criminal vehicular homicide and 4th-degree DWI.

The complaint was amended Sept. 18, 2023 to two felony criminal vehicular homicide charges after an Aug. 31, 2023 Minnesota Bureau of Criminal Apprehension (BCA) toxicology report showed Deleo’s blood alcohol concentration was .197. DeLeo pled guilty to two counts of criminal vehicular homicide, gross misdemeanor third-degree DWI 1 aggravating factor and misdemeanor fourth-degree DWI without a sentence agreement Sept. 9.

Kuettner said DeLeo showed “significant remorse as evidenced by body camera videos of he and law enforcement at the crash site,” his statements asking whether Mr. Portner was okay after the crash and a suicide attempt due to being wracked with guilt for causing the death of another.

According to court records, A Turner Hall witness said a man ordered Turner ribs by phone, picked up his food at 1:34 p.m. and said he’s going to hit 160 (mph) on the way home.

A Taco Johns surveillance video showed a dark-colored car moving very fast on South Broadway before colliding with a vehicle in the 15th South Street intersection. Kalk said a crash analysis showed the suspect vehicle, a 2015 BMW 435i was traveling at 75-78 mph before the collision.

New Ulm Police were dispatched to a crash on South Broadway at 1:42 p.m. Aug. 17, 2023. Damage was heavy to the front end of the BMW and passenger side of a Mitsubishi Outlander. Emergency responders took Portner to the New Ulm Medical Center where he later died.

Officers observed DeLeo stumbling, swaying and smelling of an alcoholic beverage. He admitted to having a couple drinks, was arrested, transported to the New Ulm Medical Center with non-life threatening injuries and later taken to the Brown County Jail. The Minnesota State Patrol determined alcohol was involved in the crash.

Assistant Brown County Attorney Dan Kalk said DeLeo showed “no real accountability or real remorse.”

“A prison treatment program will promote public safety,” he said.

“I’d like to apologize. I never planned it. I’m ready to do what I need to do. I’m ready to be sober,” said DeLeo.

Judge Docherty said law enforcement body camera video of DeLeo at the crash scene “didn’t strike me as being terribly remorseful.”

Kalk described Portner as a vivacious, fun-loving woman who loved to travel the world, camp, and spend time with family.

“I just hope the (Portner) family finds some closure with the sentencing,” said Kalk.

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