Pedestrian struck, killed near 103rd and Wisconsin
WAUWATOSA, Wis. - The man convicted of killing a 93-year-old pedestrian in a Wauwatosa crash that happened more than two years ago has been sentenced to probation.
In court:
Court records show 26-year-old Clay Schueffner of St. Cloud pleaded no contest to homicide by negligent operation of a vehicle last November. Judge David Borowski sentenced him to four years of probation on March 6.
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Pedestrian killed
The backstory:
The victim, David Gau, was struck and killed while crossing the street near 103rd and Wisconsin in February 2024. He was a resident of the nearby St. Camillus Senior Community.
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Police said the driver who hit Gau, later identified as Schueffner, stayed at the scene and cooperated with the investigation. A criminal complaint said there was "significant" damage to the front of the truck, and Gau's walker was found nearby.
Schueffner told police he was working a construction job at the nearby Froedtert Hospital that day. He looked down at his speedometer, saw he was going 42 mph and thought he should slow down because the speed limit was 35 mph. He then looked at the GPS on his cellphone, which he said was mounted on his dashboard.
Between looking at his speedometer and then his GPS, the complaint said Schueffner thought he was looking down for "approximately four seconds." When he looked back up, he said he saw Gau and had no time to react before hitting the 93-year-old man. He then slammed on the brakes and stood with the victim while witnesses were already calling 911.
The complaint said detectives reviewed data from Schueffner's two cellphones. One revealed he was driving 41 mph one second prior to impact and 38 mph when Gau was hit. The phone also indicated the Messages, Spotify and Apple Maps applications were running. The other cellphone showed Snapchat was being used leading up to the crash – and Schueffner allegedly had taken three selfies while driving and opened a Snapchat video one second before the crash.
Investigators also watched surveillance video of the crash. According to the complaint, it showed Gau "appears to wait until traffic is clear and it is safe to cross." As he got close to the street's center line, the pickup truck appeared in the video, and Gau appeared to "attempt to hurry across the street." The truck maintained its speed and did not appear to swerve or brake before Gau was hit. Schueffner then immediately stopped, pulled over and walked toward Gau.
The Source: FOX6 News referenced information from the Milwaukee County District Attorney's Office and Wisconsin Circuit Court.