OSHKOSH (NBC 26) — The jury has reached a verdict in the trial of Jason Lindemann.
Watch live below:
(Viewer discretion advised - trial may contain strong language)
The state and defense both rested on Tuesday morning, day seven of the trial.
Lindemann is charged with more than a dozen counts, including two felony charges of second-degree recklessly endangering safety.
Prosecutors claim he crashed his power boat into a paddle wheel boat on the Fox River in Oshkosh in July 2022, and then left the scene.
His defense has said the crash was an accident.
Jason Lindeman did not testify in his own defense.
Live Blog Update 2:00 p.m.
At 1:55 Wednesday afternoon, Jason Lindemann, his defense attorney, and the prosecution were called back into the courtroom for a third question from the jury.
The jury requested to review two exhibits presented during the trial. Exhibits #48 and #49 both pertain to another victim named in the charges.
Both the defense and the prosecution had no objection and the request was approved by Judge Gibbs.
The court returned to recess.
Live Blog Update 12:55 p.m.
At 12:50 p.m. on Wednesday, Jason Lindemann, his defense attorney, and the prosecution were called back to the courtroom to address another question from the jury.
The jury requested to review exhibit 42 from the trial, which is the medical records of one of the victims in the boat crash.
The request was approved by Judge Michael Gibbs, and the court returned to recess.
Live Blog Update 12:30 p.m.
Just before noon Wednesday afternoon, Jason Lindemann, his defense attorney, and the prosecution were called back to the courtroom.
The court received a question from the jury.
The Judge read the jury’s question to the courtroom.
“Do we have a legal definition for “injury?”
The judge stated an injury defined in physical nature resulting in physical treatment for more than 24 hours or unconsciousness.
The question is in reference to charges 3 through 14 of a boating accident and failing to render aid. Render Aid.
Upon reading the jury’s question and its answer from the judge the court continued its recess.
53-year-old Lindemann faces two felony counts of second-degree recklessly endangering safety, 12 misdemeanor counts of a boating accident/failing to render aid, and one misdemeanor count of negligent operation of a boat.
Summary of Day 7:
On the seventh day of testimony in Jason Lindemann's trial, Detective Jack Theyerl of the Winnebago County Sheriff’s Office testified about his interviews with witnesses Jackie Walton-Kumbier and her daughter, Cayleigh Ahrens. Ahrens claimed Lindemann ignored her pleas to stop the boat after it collided with the On The Loos paddleboat and confirmed she saw him drinking beers.
The state rested its case, and the defense called three witnesses, none of whom observed Lindemann drinking or behaving intoxicated on July 9, 2022. Notably, Jason Lindemann did not testify in his own defense. The defense rested its case following Deputy Jason Ripple's testimony about crash victim Miguel West. Jury instructions are now underway.
Live Blog Update as of Tuesday, 10:00 a.m.
One the 7th day of testimony, the state called Detective Jack Theyerl of the Winnebago County Sheriff’s Office.
The prosecutor asked him to recall his interview with two witnesses at the scene, Jackie Walton-Kumbier and her daughter, Cayleigh Ahrens. Both were riding in Jason Lindemann’s boat when it crashed at 10:00 p.m. July 9, 2022.
Detective Theyerl was asked specifically about his questions directed at Aherens at the time of the crash when she testified that she asked Mr. Lindeman to stop the boat after the Nor-Tech crashed into the On The Loos paddle boat.
Detective Theyerl: "She told me she told Jason to take responsibility and pull over to take care of people."
Prosecution: "Did she say what his response was?"
Det. Theyerl: "She said he ignored her. She said it was obvious he was ignoring her pleas to stop."
The defense’s brief cross-examination was directed toward whether Detective Theyerl asked the witness if she saw Lindemann drinking. The detective replied she saw Lindemann drinking beer on the evening of July 9.
After a brief Re-examination by the prosecution, the attorney asked Detective Thereyl to clarify if the witness testified to seeing Mr. Lindemann drinking beer or “beers.” To which he replied, that the witness saw him drinking “beers.”
At the end of Det. Thereyl’s testimony, the state rested its case.
Early Tuesday morning, the defense called it’s first of three witnesses to the stand.
Bradley Kerzisnik was boating on Lake Winnebago on July 9, 2022, and was at Stretches Sandbar at the same time as the Nor-Tech.
Kerzisnik was asked by the defense if he saw the Nor-Tech at Stretches sandbar. Kerzisnik testified he saw the unique boat in the area roughly around 2:00 p.m. on July 9.
Defense: "Did you observe any drinking going on, on the boat?"
Kerzisnik: "I did not."
Defense: "Did you observe any rowdy or obnoxious behavior on that boat?"
Kerzisnik: "I did not."
Mr. Kerzisnik testified he was anchored next to Lindemann’s Nor-Tech powerboat for approximately 40 minutes.
The defense called it’s next witness, Ronald Thompson, who was also boating at Stretches sandbar on July 9, 2022.
He testified he was anchored next to Jason Lindemann’s boat for several hours.
Thompson was asked by the defense about the conversation he had with Mr. Lindemann during his time at Stretches.
Defense: "Did Jason appear intoxicated to you?"
Thompson: "Not to me."
The defense asked Thompson to confirm his testimony to police that he did not see Lindemann drink anything during his time at Stretches. Thompson confirmed he did not see him drinking.
In the state’s cross-examination, the prosecution asked Thompson if he knew if Jason Lindemann had a home in Florida.
Thompson testified he did not know where Lindemann lived in Florida.
The prosecution brought to light the testimony Thompson gave to investigators in the days after the crash, stating Thompson told police Lindemann lives a few miles away from his home in Florida. Thompson did not recall this conversation with the officer in the days after the crash.
In quick succession, the defense called it’s last witness to the stand, Jason Ripple, a deputy with the Winnebago County Sheriff’s Office.
The defense called into question when the deputy made contact with one of the people injured in the crash, Miquel West, just days after the crash.
Ripple: "I made contact with an individual who was later identified as Miguel West."
Ripple testified that West tried to evade the deputy when approached. The defense also questioned the extent of West’s injuries he sustained in the crash.
Ripple: "He was able to walk and didn’t appear to be injured."
During cross-examination by the prosecuting attorney, Ripple was asked if he knew that West was on probation at the time of the crash and the time he was approached by Deputy Ripple.
Deputy Ripple testified he did not know West was on probation.
The prosecutor asked Deputy Ripple if he knew that drinking alcohol violated his probation and that doing so could land him in jail.
The deputy testified he did not know West may have violated his probation.
At this time the defense rested its case.
Jason Lindemann did not testify in his own defense.
