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WAUPACA - Attorney General J.B. Van Hollen announced today Walter J. Engel of Waupaca, Wisconsin was sentenced to a 5 year prison term, in Waupaca County Circuit Court after a jury had found him guilty of perjury following a jury trial in April. Judge Phillip M. Kirk sentenced Engel to two (2) years initial confinement to be followed by three (3) years extended supervision.
In March of 2009, Prosecutors and Special Agents from the Wisconsin Department of Justice’s Division of Criminal Investigation in cooperation with the Waupaca County Sheriff’s Department requested that the honorable Phillip M. Kirk convene a John Doe proceeding into the circumstances surrounding the death of Kevin McCoy. Based in part on testimony provided during that John Doe proceeding, Rory A. Kuenzi was convicted of homicide charges after a jury trial before the Honorable Philip M. Kirk. The criminal complaint charged 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.
Walter Engel was charged with perjury for allegedly making false statements while under oath at that John Doe proceeding and was also bound over for trial at the December 2009 joint preliminary hearing. At Engel’s jury trial, Adam Klotzbuecher testified that he observed Kuenzi, who was intoxicated, leave an underage drinking party driving his S‑10 truck south bound on Butts Road. Klotzbuecher testified he heard a thump, saw a shoe come up from Kuenzi’s truck and that Kuenzi then stopped and got out of his truck. The witness Klotzbuecher testified Kuenzi, with Klotzbuecher’s assistance, 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. The jury heard that Engel testified at the John Doe proceeding and made false material statements at that hearing, saying that Kuenzi and Klotzbuecher never stopped after Kevin McCoy was struck and killed.
Assistant Attorneys General Jeffrey M. Gabrysiak and Dennis R. Krueger represent the state.