Victim's family pleads with driver to never get behind wheel aga - WQOW TV: Eau Claire, WI NEWS18 News, Weather, and Sports

Victim's family pleads with driver to never get behind wheel again


MADISON (WKOW) -- Family members of the child victim of an out-of-control driver are pleading with that driver to abandon her plans to try to get back behind the wheel.

Authorities say 60-year old Margie Whalen drove into a family picnic on Charmany Drive just off Mineral Point Road June 5, 2012, killing seven year old Aiden Mueller.

Police records released to 27 News show despite a driving history of accidents in addition to June 2012 fatal crash, Whalen wants regain her currently canceled license and drive again.

"Margie's history of multiple driving accidents has led to the tragic, avoidable death of Aiden," according to a statement from the Mueller Family.

"Our plea to Margie is that for the safety of herself and others that she would not drive again," the statement continues.

But according to Madison Police reports, Whalen would like to resume driving. "Whalen advised me...she feels that she is fine to drive," said detective Deanna Reilly.

27 News tried to contact Whalen at her UW-Madison Employment Programs office, but she was unavailable for comment. Whalen has also yet to return a call from 27 News to her home.

But in an interview with the Wisconsin State Journal, Whalen said she had a "seizure disorder" and takes medication, and told the newspaper she apparently either suffered a seizure or black out at the time of the June, fatal crash.

Police reports show Whalen told officers she had no recollection of the collision. Reports also state eyewitnesses saw Whalen wandering around after the crash, appearing disconnected from what had happened.

Police records state Whalen's notebook was recovered from her crashed car, with entries stating she totaled her car in May 2009 and lost her license for three months; and slid into a snow bank in 2010 and also temporarily lost her license. 

Reports state Whalen's crash on May 5, 2009, involved her driving off University Avenue into a fire hydrant and utility pole.

During an interview with Reilly after the fatal crash, reports state Reilly informed Whalen she could face the felony charge of negligent homicide, if it was deemed her actions fit the requirements of the crime.

Earlier this month, Dane County District Attorney Ismael Ozanne told 27 News the fatal crash remains under investigation, more than a year after the child's death. Records released to 27 News show a subpoena was issued this year to obtain information from Walgreen's Pharmacy.

Ozanne has yet to respond to several requests for comment from 27 News Wednesday.

Records released to 27 News include considerable redaction, with references to Whalen's behavior, but no specific reference to any medical conditions.

Supervisor Steve Pazynski of the state department of transportation's driver medical unit says Whalen's license is invalid "indefinitely," but says licenses can be restored to valid status if medical and other criteria are met.


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