Kelton Snulligan appears in Brown County court, March 22, 2024. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) — After body and dash cam video from a double-fatal, high-speed, drunken driving crash was posted online, combined with a disagreement about expert testimony, Kelton Snulligan’s trial later this month will likely be postponed.
Snulligan, 24, faces 16 charges, including two charges of homicide by intoxicated use of a motor vehicle for the July 21, 2023 crash in Allouez. Trevor Hermon — a passenger in Snulligan’s car — and Luis Rios-Alvarado — who was driving the vehicle Snulligan struck — were killed in the crash, while several others were injured. The five-day trial is scheduled to start Sept. 29.
Defense attorneys Jason Luczak and Nicole Masnica filed the motion Friday, saying the release of the video — which they say was improper — could impact jury selection.
The 31-minute video includes video of the crash scene, interviews of witnesses at the scene and hospital, video of victims’ families being informed of the crash, maps of the scene, and other elements.
“Recently, defense counsel has been made aware that the squad and bodycam footage from the crash in this case was released and has gone viral on Youtube. The thirty-minute video has been viewed over 2.1 million times on a channel named (redacted). Counsel is still investigating how these videos were released when they are subject to a protective order. A review of the comments from the video indicates that many people viewing the video live or have connections to Brown County, and have strong opinions about Mr. Snulligan’s involvement in this case. This development makes the picking of a jury much more difficult and counsel will be moving the court for juror questionnaires so that we can insure that Mr. Snulligan has a fair trial,” the attorneys wrote.
“Mr. Snulligan and his counsel need time to explore the nature and circumstances of how and why this video was released to the public prior to his trial, and then posted for millions to view. It is an issue that could lead to additional motions related to the protective order. Further, Mr. Snulligan and his counsel need time to determine what kind of relief may be appropriate, including whether the release requires a change of venue and/or whether jury questionnaires should be ordered,” they wrote.
Snulligan’s attorneys also plan to challenge some expert testimony which prosecutors plan to use regarding Snulligan’s blood alcohol level. The process to do that will also take time, and wouldn’t be completed before the planned trial date, they said.
In his response, Brown County District Attorney David Lasee asked Judge Tammy Jo Hock to address the issues.
“The State has received and reviewed the defendant’s Motion to Adjourn Jury Trial that was filed on September 12, 2025. The State objects to the defendant’s motion and due to the complex nature of this case and the amount of preparation involved by both parties, the State requests a hearing on this motion as soon as possible. I am certain that crime victims would also like to be heard on this issue and our office will do whatever we can to provide notice for such a hearing,” Lasee wrote.
A hearing was already planned for Friday. The parties may address scheduling issues but are not expected to address the specific issues related to the expert witness testimony and the video.
According to the criminal complaint, Snulligan was driving on Webster Avenue in Allouez at more than 100 mph in a 30 mph zone, according to testimony at a preliminary hearing. Snulligan’s BAC was .097, higher than the legal limit – but the defense has argued that may be due, at least in part, to the medical treatment at the hospital which contained alcohol.
Snulligan had been scheduled to stand trial last fall. However, in a tactical move by the prosecutors — citing scheduling conflicts for a prosecutor, witnesses, and unavailability of the parents of one of the victims – the charges were dismissed and re-filed, starting the case over from scratch.
An Aug. 25 trial date was also scheduled earlier this year, but had to be changed due to witness scheduling conflicts.
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