Fond du Lac County crash, man accused bound over for trial

A West Bend accused in connection to a Fond du Lac County crash was bound over for trial Friday, Feb. 9.

Jatziel Encarnacion, 19, is charged with a single count of hit-and-run, great bodily harm. While prosecutors said, based on witness accounts, Encarnacion hit 19-year-old Taya Grimes with his car – he is not charged in her death.

The crash happened just after 1 a.m. on Dec. 31. Fond du Lac County investigators said a silver Chevrolet hit a culvert and rolled over multiple times. Five people were inside, and deputies said four of them were ejected from the vehicle. The driver, since identified as Grimes, died. 

SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News

According to a criminal complaint, that crash happened on Highway 45 in the township of Auburn in Fond du Lac County. A Fond du Lac County sheriff's deputy responded to the scene shortly after 1 a.m. He spotted the Chevrolet in a farm field with significant damage. One person was laying in the middle of the road, unresponsive but breathing. EMS personnel attended to that person.

Occupants of the vehicle involved in the crash included:

  • The driver, 19-year-old Taya Grimes of Hartford, died.
  • A 17-year-old male passenger from Iron Ridge was transported by ambulance to Froedert Hospital Milwaukee with critical injuries.
  • A 16-year-old female passenger from Theresa was transported by ambulance to Children’s Hospital Milwaukee with serious non-life threatening injuries.
  • A 17-year-old passenger from Milwaukee was transported by ambulance to Froedtert West Bend with minor injuries.
  • A 21-year-old passenger from Iron Ridge was transported by civilian vehicle to Aurora Medical Center Washington County with serious non-life threatening injuries.

Fatal crash in Township of Auburn, Fond du Lac County

The complaint states the Fond du Lac County sheriff's deputy was informed by a Washington County deputy that another person, later identified as Grimes, was found dead in the road approximately three miles south of the crash on Highway 45. The Washington County medical examiner indicated Grimes suffered injuries "consistent with being ejected from a vehicle and/or struck and dragged by a vehicle," the complaint said.

A witness at the scene of the crash told police he was driving a white Volkswagen and swerved to avoid a body in the road, according to the complaint. A passenger in the Volkswagen said, after the driver swerved, he looked back and saw Encarnacion's car – a red Mazda – "come through the crash scene." The Volkswagen passenger said it looked like the red Mazda hit Grimes and "clipped" the second victim in the road.

Taya Grimes

The complaint states, according to the Volkswagen passenger, that Encarnacion was driving "about 40-50 mph" when he hit Grimes and the second victim. 

Witnesses told police, per the complaint, there had been a party near Kewaskum, and most people brought their own alcohol to the party.

According to the complaint, a witness said Grimes was at that party and had been drinking. The witness said Encarnacion was "showing off" his car at the party and was drunk – "swaying back and forth." That witness left the party as a passenger in a black Mazda, and also came upon the crash scene.

FREE DOWNLOAD: Get breaking news alerts in the FOX6 News app for iOS or Android

The witness said they heard a "loud thump or noise as the car came through and pulled up," the complaint said. The witness told authorities it was Encarnacion's car, and he could "clearly" see Grimes' hoodie underneath Encarnacion's car. 

The complaint states multiple witnesses described to investigators that Encarnacion's car did stop after passing the scene, but he then drove away. While both victims were in the road when he pulled through, prosecutors said only one was still at the scene after he drove off.

Encarnacion taken into custody

Around 7:30 p.m. on Dec. 31, the complaint states Encarnacion walked into the West Bend Police Department to speak with officers about the crash. He admitted to being at an underage drinking party the night before near Kewaskum, according to prosecutors, and admitted to drinking there – but denied purchasing or providing any alcohol to others. The complaint said he did not want to provide any more details about the party, only that he "left the party to drive straight home and he didn't stop on the way home," per the complaint.

When questioned more about the crash scene, prosecutors said Encarnacion admitted to driving through the crash site on Highway 45. The complaint states he said he "struck an object" in the road, which he described as quickly going over a speed bump. He consented to a search of the red Mazda he had been driving, and deputies found "signs of blood, hair" on the vehicle – which had exterior damage on all sides. Encarnacion was then arrested.

While prosecutors said, based on witness accounts, Encarnacion hit Grimes – he is not charged in her death. 

"When you have injuries that may occur, and you can’t prove when those injuries may have happened or if the evidence suggests it may have occurred before something, that becomes difficult to try to tell a jury they should find somebody guilty beyond a reasonable doubt," said Fond du Lac County District Attorney Eric Toney.