Local News

Man Charged In Salerno's Accident Appears In Court

EAGLE RIVER, Wis. (CBS) ― An April 1st hearing date has been set for the driver of a snowmobile that crashed into a tree, killing CBS 2 anchor Randy Salerno.

The preliminary hearing date and a $25,000 signature bond were agreed to in Vilas County Circuit Court on Monday for Scott Hirschey of Crystal Lake.

Hirschey, 44, spoke to the court by telephone instead of appearing in person during the brief hearing. His attorney, John Hyland, of Madison, Wis., was present in the courtroom, along with Vilas County District Attorney Al Moustakis. Both men said they had been in touch with each other earlier to discuss Hirschey's medical status and there were concerns about his condition and ability to travel.

Hirschey was hospitalized right after Salerno's funeral. He has undergone two surgeries and is fighting an infection.

"There's no legal requirement that the defendant be present for this particular matter and I have no objections to Mr. Hirschey appearing by phone for purposes of setting a preliminary hearing," Moustakis told the court.

Hirschey addressed the court briefly in a raspy-sounding voice during the 15-minute session, acknowledging that he understood the charges.

Hirschey has been charged with homicide by intoxicated use of a vehicle in the death of Salerno, 45, also of Crystal Lake. Salerno was killed Jan. 24 when the snowmobile Hirschey was driving missed an entrance to a trail off of Plum Lake near Sayner, hit an embankment and flew at least 20 feet through the air before hitting a tree, investigators said. If convicted, Hirschey faces a maximum sentence of 25 years in prison.

Moustakis noted Hirschey was "a very close friend of the deceased and this is not a situation where the state is going to be requesting cash. I am not concerned with his future appearance and believe the signature bond is sufficient." The prosecutor also asked the court to impose a sole condition that Hirschey not be allowed to consume alcohol while the matter is pending, which the court and the defense agreed to.

Moustakis also revealed that a hygiene report put Hirschey's blood alcohol level at .183, slightly lower than a reading of .225 recorded by Eagle River Memorial Hospital at about 3:30 a.m. on Jan. 25, a couple of hours after the crash. Moustakis said the difference was not a factor "for purposes of furthering the probable cause" in the complaint.

A report released Friday revealed that Salerno's blood alcohol level was 0.035, which is under the legal limit. The legal limit to drive in Wisconsin is 0.08 percent.

After the hearing, Hyland said Hirschey had a staph infection and that his injuries "took some extra time to heal." When asked to comment on Hirschey's condition, he said: "As you might expect, he's pretty devastated."

According to the complaint, Hirschey gave varying accounts to investigators about his drinking before the crash. He initially told a sheriff's deputy that he "drank a few beers" that night. Later when questioned by Department of Natural Resources (DNR) warden Tim Price of Eagle River, Hirschey said he had one beer at the restaurant with dinner, the complaint said.

The complaint said Salerno, the father of three who had flown to the area from Chicago, met Hirschey and other friends at the Sayner Pub, which is about 20 miles north of Eagle River.

Salerno had never ridden a snowmobile before that day.

Three more people died this past week in Wisconsin from snowmobile accidents. Two of the three involved alcohol. This brings the Wisconsin snowmobile death toll this winter to 18 so far, 11 of which are alcohol related.

The Northwest Herald and the Associated Press contributed to this report.

(CBS 2 and the Northwest Herald are news partners covering stories in the northwest suburbs. Send story tips to tips@cbs2chicago.com. (© MMVII, CBS Broadcasting, Inc. All Rights Reserved.)

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