Pubdate: Wed, 10 Mar 2004
Source: Post-Crescent, The (Appleton,  WI)
Copyright: 2004 The Post-Crescent
Contact:  http://www.wisinfo.com/postcrescent/
Details: http://www.mapinc.org/media/1443

NEENAH WOMAN FACES MORE SERIOUS CHARGE

Marijuana Found In Kabke's System After Fatal Jan. 11 Crash

NEENAH - A 27-year-old Neenah woman is facing an upgraded felony
charge in connection with the Jan. 11 death of her 5-year-old son.

Authorities allege Merica C. Kabke was under the influence of
marijuana when she drove her car through a stop sign at a Neenah
intersection and collided with a pickup truck.

The accident killed her son, Vincent Erato.

Kabke has been charged in Winnebago County Circuit Court with homicide
by operation of a motor vehicle with an illegal substance in her
system, said Deputy Dist. Atty. John Jorgensen.

Kabke, who is free on a $5,000 signature bond, faces up to 25 years in
prison and a $100,000 fine if convicted of the upgraded charge.

She was initially charged with homicide by reckless use of a motor
vehicle, which carried a maximum penalty of 10 years in prison and a
$25,000 fine.

Police said Kabke was heading south on Cecil Street when she failed to
yield for a stop sign and struck the truck. The impact threw Vincent
Erato, who authorities said was not wearing a seat belt, from the vehicle.

The boy died later of severe head injuries at Children's Hospital of
Wisconsin in Milwaukee.

Jorgensen said Tuesday that the charges were upgraded when authorities
received the results of blood tests from the Wisconsin State
Laboratory of Hygiene in Madison, indicating she had an illegal
substance in her body.

"Essentially, she was driving with marijuana in her system," Jorgensen
said. "We thought the more serious charge would be more
appropriate."

According to state records, a charge of possession of marijuana
against Kabke was dismissed on March 3 in Winnebago County.

In a separate case, a charge of possessing marijuana was dismissed
against Kabke on April 30, 2003.

Kabke was convicted on misdemeanor charge of possessing drug
paraphernalia and of an ordinance violation involving possession of
marijuana in 1996 in Winnebago County.
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