A Dane County judge on Wednesday dismissed felony charges against an Oregon man who was charged with striking two bicyclists as they rode on a rural Fitchburg road last summer.
Circuit Judge William Foust said that a diagram from an accident report showing a car driven by John Dohm, 61, swerving around the cyclists, was enough to find there was insufficient probable cause to show that Dohm had committed a felony.
Dohm's lawyer, Charles Giesen, introduced the diagram while cross-examining Fitchburg Police Officer Lucas Hale, one of two officers who investigated the incident. Assistant District Attorney Shaun O'Connell objected to the diagram, because he said Hale didn't draw it and hadn't seen it before.
Giesen also pressed to compel testimony on Dohm's behalf from one of the cyclists, Joseph Maloney, but O'Connell objected to that as well. Foust said that without Maloney's testimony to refute the representation of Dohm's driving that was made by the diagram, there wasn't enough evidence for him to allow the case to go forward.
Dohm was charged with two counts of second-degree reckless endangerment for allegedly running Maloney and another cyclist, Maxwell Ackermann, off of Fitchburg Road on Aug. 26. Foust dismissed the reckless endangerment charge related to Ackermann, saying there wasn't probable cause to support it.
Foust granted O'Connell's request to keep Dohm under a signature bond for another 72 hours while the attorney considers whether to re-file charges against Dohm.