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WAUPACA - Attorney General J.B. Van Hollen announced today that attorneys for the Wisconsin Department of Justice, acting as special prosecutors for Waupaca County, appeared in Waupaca County Circuit Court for the initial appearance of Rory A. Kuenzi of Weyauwega, Wisconsin. The criminal complaint charges Kuenzi with Hit and Run Resulting in Death and Homicide by Intoxicated Use of a Motor Vehicle in the October 23, 2004, death of Kevin McCoy, whose body was found just north of State Highway 54, in the town of Farmington, Waupaca County, Wisconsin.
Investigators from the Wisconsin Department of Justice, in cooperation with the Waupaca County Sheriff's Department, re-opened the investigation into McCoy's death which led to the charges being issued. Also named in the complaint is Walter Engel who is charged with perjury for allegedly making false statements while under oath.
Kuenzi's initial appearance was held Thursday, December 10, 2009. Attorneys for Kuenzi filed a motion to dismiss the charge of homicide by intoxicated use of a motor vehicle. The State of Wisconsin filed a written response that the complaint contained more than sufficient facts upon which a reasonable person could conclude that Kuenzi probably hit Kevin McCoy when driving his vehicle and that Kuenzi was probably intoxicated when he struck him. The Court denied the defendant's motion and scheduled a preliminary hearing for January 8, 2010, at 2:00 p.m. to be heard before the Honorable Philip M. Kirk.
The Court set bail at $100,000 with the following conditions of no direct or indirect contact with Walter Engel, Adam Klotzbuecher, and Robert Wollangk. Kuenzi is currently in custody for a prior offense.
The criminal complaint alleges that Kuenzi left an under age drinking party driving his S‑10 truck south bound on Butts Road. According to the complaint, Kuenzi struck Kevin McCoy with his truck while McCoy was walking along the road. Kevin McCoy was killed immediately from the impact. Kuenzi, with the assistance of another, carried McCoy's body off the road. Kuenzi then left that location without leaving any information concerning his identity, address, or registration number of his vehicle. Kuenzi did not render any assistance to McCoy. Witnesses at the party indicate Kuenzi was intoxicated when he left the party.
A criminal complaint is a document alleging a violation of the criminal law. The defendant is presumed innocent until and unless proven guilty.
Assistant Attorneys General Jeffrey M. Gabrysiak and Dennis R. Krueger represent the state.
A copy of the criminal complaint is available: