Driver in Fatal Drunk Driving Crash Pleads Guilty in Benton County

FOLEY -- A Sauk Rapids man has charged with criminal vehicular homicide and third degree DWI after a fatal crash last March has pleaded guilty.

39-year-old Jose Fabian pleaded guilty to one count of criminal vehicular homicide. He's scheduled to be sentenced April 11th.

Assistant Benton County Attorney Karl Schmidt says the sentencing guidelines call for a four year prison sentence, but Fabian is asking the judge for a downward departure which could mean one year in jail.

Fabian was seen speeding down 35th Avenue Northeast in Minden Township March 8, 2013 when he lost control on a curve and hit a tree. Fabian's passenger, David Eberle was not buckled in and was found dead at the scene with head trauma.

According to the criminal complaint Fabian also has a prior DWI conviction from January 2006.