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A Minot man has been charged with vehicular homicide in the death of his brother, a passenger in the vehicle he crashed into the Souris River in northwest Minot late Saturday night.
Brendan Hunter Rademacher, 22, Minot, made his initial appearance on the charge before North Central District Court Judge Douglas Mattson on Monday afternoon. Criminal vehicular homicide is a Class A felony that carries a sentence of 10 to 20 years in prison.
According to the affidavit of probable cause filed with the court, Rademacher was pulled out of the vehicle by law enforcement responding to the scene after the vehicle went off the road and into the river. Rademacher indicated there was still a passenger inside the sunken vehicle, leading rescue workers to free the person from the vehicle. The passenger was transported to Trinity Hospital for treatment but was pronounced dead shortly after midnight.
Investigating officers stated in the affidavit that they believed the vehicle was traveling at a high rate of speed and that they could smell a strong odor of alcohol on Rademacher. Rademacher allegedly later told officers he had drunk several shots of alcohol at two different establishments the evening of the accident.
Rademacher's family filled several rows of Courtroom 101 at the Ward County Courthouse on Monday afternoon, with his father, Travis Rademacher, called by State's Attorney Roza Larson to testify regarding his son's bond. The elder Rademacher composed himself before testifying and implored the court for leniency for his son's bond conditions, asking that it take into account that the alleged victim was his younger son, Tyler Rademacher, 21.
"Both of the people involved in this are my children. I'm hoping for some leniency for Brendan," Travis Rademacher said. "I'm burying my other son. It's a terrible loss."
Travis Rademacher stated that upon release Brendan Rademacher will reside in his parent's home and complete rehabilitation and therapy along with the rest of the family.
Larson requested the court impose some bond, given that the case involves the death of another person, and that an alcohol-monitoring bracelet be ordered to ensure that Rademacher consumes no alcohol during any potential pretrial release.
When pressed by Mattson regarding the necessity of the bracelet in this instance, given its limited availability, Larson responded by pointing to a prior DUI conviction on Rademacher's record. Larson said she had concerns with weekly breath testing exhibiting certain tolerances that could allow some drinking to go unnoticed.
Mattson ordered a bond of $20,000 cash or corporate surety, and Rademacher must post 10% of the bond for release. Rademacher must commit no criminal offenses during his pretrial release, make weekly visits with pretrial services and must acquire prior approval to leave the state even if the purpose is for treatment. Mattson ordered that Rademacher not be released until an alcohol-monitoring bracelet can be placed on him, making it clear that he is to consume no alcohol for the duration.
Mattson also denied Brendan Rademacher's application for indigent defense services, saying his current employment and compensation made him ineligible. Both Rademachers told the court they were unsure whether he would be able to maintain his current employment during the pretrial period.
Rademacher's preliminary hearing is scheduled for Dec. 21, with a pretrial conference scheduled for Feb. 21.