Man sentenced for fatal OWI accident

“I plead guilty,” said Sanchez-Tzanahua, through an interpreter that translated between English and Spanish during the hearing.

Sanchez-Tzanahua, who wore orange jail clothes in court with his wrists shackled, was found guilty of the felony, homicide by intoxicated use of vehicle (2nd+). Two other charges were dismissed but read into the record, knowingly operating while revoked (cause death), a felony, and ignition interlock device tampering/failure to install/violate court order, a misdemeanor.

Sanchez-Tzanahua was sentenced to 15 years total in the Wisconsin Prison System, with the first seven of those years in confinement followed by eight more years of extended supervision. His deportation is likely after prison, leading to doubts about how his extended supervision will be handled.

About three dozen family members and friends of the victim were in the courtroom, including Nasholm’s spouse, Stephanie McBain, and children, Anna, Alaina and Nora.

McBain spoke to the court before sentencing, describing the morning her husband went to work before sunrise in their family business’ logging truck while the family was still asleep. Later that morning, she wrangled the children into their coats and backpacks before going out to start the pick-up truck to take them to school.

“I noticed headlights pulling into the driveway,” McBain said. “When I looked and saw it was a county sheriff’s vehicle, my heart stopped.”

A criminal complaint describes the crash, stating Sanchez-Tzanahua was driving a 1998 Jeep Grand Cherokee west on U.S. 8 and Nasholm was driving a 2018 Kenworth semi east on U.S. 8. The Jeep came to a stop about 100 yards west of the semi, and there was a large debris field between the vehicles. This pattern indicated the initial point of contact was likely between the two vehicles. Primary damage to both vehicles was on the front driver quarter panels. This pattern indicated one of the vehicles likely crossed the center line into opposing traffic, causing the accident.

An officer followed the tire and gouge marks in the blacktop from the semi back to the eastbound lane of travel where he located gouge and tire marks from the Jeep.

“All evidence of the point of impact indicated the Jeep had crossed the center line into the eastbound lane, causing the collision with the semi,” the criminal complaint states.

After examining the full scene, a deputy reported it appeared the semi was traveling east approaching a slight left curve. The Jeep was traveling west after completing a slight right curve. The Jeep crossed the center line traveling into the eastbound, opposite lane of travel, causing a collision with the semi.

After the collision, the semi continued traveling east for about 50 yards before losing control due to the driver-side steer tire being compromised from the accident. This appeared to cause the semi to enter the north ditch and go through an embankment before coming to rest in a driveway coming off Highway 8 to the north.

After the collision, the jeep appeared to have somehow struck the guardrail located on the south shoulder of Highway 8 before rolling backwards onto the north shoulder of Highway 8 where it came to rest.

The deputy detected a moderate odor of intoxicants emitting from the vehicle during the search and located several beer bottle caps spread throughout the vehicle. The deputy observed through a window an empty box of Corona beer in the rear trunk compartment.

The speed limit in this area is 55 miles per hour. A passer-by reported the crash by 911.

The deputy arrested Sanchez-Tzanahua and took him to Marshfield Medical Center-Ladysmith for a legal blood draw to determine blood-alcohol level. Sanchez-Tzanahua learned during transport the victim died, and the deputy reported in the criminal complaint hearing the defendant utter “sorry” and burping from the rear passenger area.

At the time of the crash, Sanchez-Tzanahua was in the U.S. for about three years.

Nasholm held several logging jobs before becoming an owner/operator for SNS Trucking. He enjoyed tractors, bear hunting with his hounds, driving semis and motorcycles, and fixing lawnmowers and ATVs. He was married with three children.

McBain described her husband as a truck driver who was home each night to be with his family, whether it was hauling milk or logs.

“We had him every day without question, no matter what. We knew Steven was coming home every day,” McBain said.

She added her children also recently transitioned from on-line to in-person schooling, which may have prevented greater tragedy. She, and sometimes the children, occasionally rode in the truck with Steven.

“If our kids had not transitioned, one of our children would have been in that truck with Steven,” McBain said emotionally, fighting back tears.

A court deputy provided tissues for McBain, family in the courtroom and Sanchez-Tzanahua.

According to the criminal complaint, deputies at the accident attempted communicating with Sanchez-Tzanahua but were unsuccessful due to the language barrier. They described him having “bloodshot and glossy” eyes, a face and eyelids that appeared “droopy” and a strong odor of intoxicants detected from where he was standing.

A deputy was able to recognize Sanchez-Tzanahua was advising he did not speak English. A co-worker of the defendant’s arrived and related she would be able to translate for them. Sanchez-Tzanahua allegedly gave two Mexican ID cards to firefighters, who gave them to deputies.

Dispatch officers informed the deputies Sanchez-Tzanahua held no Wisconsin driver’s license and his status had been revoked due to a prior OWI-related conviction. Sanchez-Tzanahua also held a 0.02 prohibited alcohol concentration restriction and was required to operate a vehicle with an ignition interlock device.

Sanchez-Tzanahua was convicted in Rice Lake Municipal Court of first offense operating while intoxicated on Feb. 28, 2023, less than one year before the Rusk County fatal crash.

Sanchez-Tzanahua agreed to take a preliminary breath test at the crash scene that registered 0.176, more than twice the legal limit for a driver without a prior conviction but more than eight times the PAC restriction for Sanchez-Tzanahua due to his prior OWI conviction.

According to the criminal complaint, an investigating deputy believes neither Sanchez-Tzanahua nor Nasholm were wearing seatbelts, as both were in retracted positions.

Nasholm was trapped in the cab of the semi. He was unresponsive but breathing. His injuries appeared to be critical, and he died of his injuries while en route to the hospital by ambulance.

McBain told the court how she can no longer operate the family business, SNS trucking. The equipment can no longer be utilized. Her college degree in supply chain management has no use. She is still paying off her husband’s $10,000 eye cataract surgery.

“I can’t operate SNS Trucking without Steven and this business we worked so hard to start has disintegrated,” McBain said. “It was destroyed by Mr. Sanchez’s careless and selfish decision.

“People love to insinuate and assume that time is the best medicine and time will heal, but I assure you I wake up every day that this is reality. Steven was killed.

“Time does not heal. It is not medicine. My children will be affected every day for the rest of their lives.”

McBain told the court Sanchez-Tzanahua drove that night from Rice Lake to his brother’s home in Ladysmith, without a valid driver’s license and without a ride home.

“He likely did this many times,” McBain said.

She explained the crash, saying Sanchez-Tzanahua crossed the center line and struck Steven’s trucks’ steer tire, the tire mounted on the front axle, primarily responsible for steering and handling the vehicle. She said her husband has no choice, swerve left into oncoming traffic or right into a guardrail.

She said after the crash, Steven was unconscious and desperately needed help, but instead of helping, Sanchez-Tzanahua walked along the roadside, tried to repair his vehicle and called a co-worker to “aid him in escaping a crime scene.”

“I have seen people show more compassion for killing a dog that Mr. Sanchez has for killing Steven,” McBain said.

McBain added the unlikelihood of Sanchez-Tzanahua serving the extended supervision portion of his sentence makes the state DOJ negotiations “severely flawed.” She asked a longer prison sentence for Sanchez-Tzanahua, requesting he be incarcerated until her youngest daughter reach adulthood in April 22, 2034, or 10 years, two months and 22 days of initial confinement.

McBain read a statement from her daughter, Nora. “My life is drastically changed because I don’t get to see my dad any more,” McBain said. “Imagine going from seeing your dad every day to never seeing him again.”

Sanchez-Tzanahua had faced maximum penalties of not more than $100,000 in fines, not more than 40 years in prison, or both on the felony charge of homicide by intoxicated use of a vehicle while having prior intoxicant-related conviction or revocation; and not more than $10,000 in fines, not more than six years in prison or both on the felony charge of knowingly operating a motor vehicle while revoked, causing the death of another.

The plea agreement negotiated by prosecution and defense attorneys stipulated Sanchez-Tzanahua would plead guilty to the felony charge of homicide by intoxicated use of a vehicle while having prior intoxicant-related conviction or revocation and the other charges would be dismissed, but read into the record.

Attorney Tara Marie Jenswold in court for State of Wisconsin noted victims have expressed concern Sanchez-Tzanahua will not serve the extended supervision part of his sentence because he may be deported after the initial confinement.

“It is absolutely their right to request what sentence they think is appropriate, and it is an appropriate request for them to be making,” Jenswold said. “But from our perspective and the perspective of the judicial system, deportation is itself a punishment. It seems to be the way the government looks at it as well.”

She told the court the negotiated settlement is consistent with other OWI convictions in the region and the state.

Defense attorney Kirby Harless called the settlement “one of the most common sentences with this type of charge.” He added there is another unknown of what the nation’s immigration policy will be when Sanchez-Tzanahua is released from prison, so his client may complete the extended supervision if he remains in the U.S.

“Deportation is a form of punishment,” Harless said. “I do feel the government views deportation as punishment.”

Atypical sentences could give rise to a cause for an appeal.

The conviction requires a mandatory minimum sentence of five years of initial confinement under state law.

A judge is not bound by a negotiated plea agreement and can enforce a maximum sentence.

Rusk County Circuit Court Judge Annette Barna noted the negotiated prison sentence of seven years is two years more than state law requires as a presumptive minimum confinement. Barna asked Sanchez-Tzanahua if he wanted to make a statement before sentencing.

“No,” he said.

Barna described the process of reaching a sentence that protects the community and punishes the defendant. She cited the defendant does not have a criminal conviction; the first operating while intoxicated offense in Wisconsin is considered a civil traffic violation. She cited the defendant is at a young age, stating the male brain does not fully develop until 25 years old. She cited the defendant is taking responsibility by pleading guilty, noting the prior OWI conviction less than one year from the date of the second similar offense.

The first OWI conviction for Sanchez-Tzanahua ordered his license be revoked pending an Alcohol and Other Drug Assessment and he not operate a vehicle without an installed ignition interlock device.

“Had any of these things been done, it may have made a difference, but yet he still made a decision to drink and operate a motor vehicle,” Barna said. “The only true way to protect the public is to remove Mr. Sanchez-Tzanahua from the public.”

Victim impact statements filed with the court requested longer prison sentences than what was being requested in the case settlement.

“But that won’t bring Steven back,” Barna said. “That is a heavy weight for everyone in this [court] room because in these cases there is only loss for everyone.”

Barna described young girls growing up without their father, a wife experiencing nightmares, family members losing a loved one and friends missing someone close.

“I acknowledge and sympathize with all the victims here when I see their victim impact statements,” Barna said.

Another concern was a U.S. Immigration and Customs Enforcement detainer hold filed Feb. 9, 2024, with the Rusk County Jail. The parties anticipate Sanchez-Tzanahua will be deported after serving the confinement portion of his sentence, court documents state. They believe he will be deported to his native country, Mexico, where the extended supervision part of the sentence will not be enforced.

Barna believes “the biggest issue” is if Sanchez-Tzanahua will serve the full length of a bifurcated sentence with split terms of initial confinement and extended supervision. She noted the current political climate views deportation as a penalty, so Sanchez-Tzanahua will face this punishment if he is deported.

“Although you will know what his sentence will be when you leave here today, we do not know what is actually going to happen,” Barna said.

Barna measured her opinion of Sanchez-Tzanahua, who sat between his attorneys with his head down through most of the three-hour hearing. She said she sees “a defendant who appears remorseful.

“The heaviness of what he will have to live with in his own family is also a form of punishment,” Barna said.

Barna called the sentence “a reasonable solution to this case.”

While the state legislature has established statutory maximums as the highest possible punishment and mandatory minimums as the shortest prison sentence allowable for certain crimes, there are a set of recommendations for sentencing that are used by judges to determine a sentencing range. The guidelines consider the offense level and criminal history of the defendant to determine a sentencing range.

“This is the average sentence and the average settlement on this type of offense,” Barna said.

Barna said she believes her order “meets the punishment objective and formulates a sentence that protects the public.”

“Nothing that I say or do is going to address completely the loss anyone has experienced from this case, and nothing that happens today will make anyone whole again,” Barna said.

Sanchez-Tzanahua was given 458 days credit for time already served in the Rusk County Jail since the crash.