A Wisconsin judge has revoked the driver's license of Lake in the Hills police Sgt. Mark Mogan, who is accused of driving drunk and killing a Lake Geneva woman in December.
Two Lake Geneva police officers testified Wednesday in Walworth County that they smelled intoxicants on Mogan's breath after the Dec. 27 crash on Edwards Boulevard, south of Highway 50 in Lake Geneva, according to a local news report.
Mogan, 49, of Hebron, refused a Breathalyzer and field sobriety test and was taken to the Walworth County jail, where he refused to also provide a blood sample. Wednesday's hearing was to determine penalties.
"In Wisconsin, if you refuse to provide a blood sample or breath sample, then you can suffer civil penalties," Walworth County District Attorney Zeke Wiedenfeld said.
Walworth County Judge Phillip Koss ruled Wednesday that Mogan's refusal to submit to a chemical test for the presence of intoxicants was improper and found probable cause he was intoxicated, according to the news report.
Mogan's car struck pedestrian Samantha Norris, 29, who was crossing the road. There were streetlights, and Mogan's headlights were on at the time of the crash, according to the report.
Norris was taken to Lakeland Medical Center in Elkhorn and later flown to Froedtert Hospital in Milwaukee, where she died Dec. 29, according to Lake Geneva police Lt. Edward Gritzner.
At the time, a charge of injury by intoxicated use of a motor vehicle was referred to the Walworth County district attorney's office. Mogan was released after posting $5,000.
Mogan's license has been revoked for a year, and he is ordered to install an ignition interlock device during that time and undergo mandatory alcohol or substance abuse assessment, per the judge's ruling.
Mogan, a 23-year veteran of the Lake in the Hills force, was promoted to sergeant in 2004. He was placed on administrative leave pending an investigation, which potentially could lead to criminal charges. He is scheduled to appear in court at 8:30 a.m. March 16 for a hearing to determine whether criminal charges are forthcoming.
Mogan also is a Hebron village trustee and is challenging Village President John Jacobson in the April 4 election. Jacobson is facing drug and gun charges from an arrest in March, according to media reports.