DeLeo sentenced to 48 months in prison | News, Sports, Work

NEW ULM — John Roy DeLeo of Lake Crystal was sentenced to 48 months in prison Monday for the fatal two-car crash on South Broadway on Aug. 17, 2023, that killed Sharon Portner, 82, of New Ulm.

Brown County Judge Robert Docherty denied a request by Mankato attorney James J. Kettner that John Roy Deleo serve up to 5 years of probation and 364 days in jail.

DeLeo was immediately taken back into custody and ordered to pay $4,277.58 in restitution. All other fees have been cancelled. During the sentencing, none of the family members made statements. He was initially charged with one count of homicide by vehicle and 4th degree DWI.

On September 18, 2023, two counts of vehicular homicide were added to the complaint after an August 31, 2023, Minnesota Bureau of Apprehension (BCA) toxicology report showed that Deleo’s blood alcohol concentration was 0.197. DeLeo pleaded guilty Sept. 9 to two counts of vehicular homicide, aggravated third-degree felony DWI 1 and misdemeanor fourth-degree DWI without a plea deal.

Kettner said DeLeo showed “significant remorse, as evidenced by body camera footage of him and law enforcement officers at the scene of the accident,” his statements in which he asked if Mr. Portner was doing well after the accident and attempted suicide because of the guilt of causing the death of another.

According to court records, witness Turner-Hall said the man ordered Turner’s ribs over the phone, picked up the food at 1:34 p.m. and said he was going to do 160 (mph) on the way home.

Taco Johns surveillance video shows a dark-colored vehicle traveling at a high rate of speed on South Broadway before colliding with a vehicle at the intersection of South 15th Street. Kalk said crash analysis showed the suspect vehicle, a 2015 BMW 435i, was traveling between 75 and 78 mph before the collision.

New Ulm Police were dispatched to an accident on South Broadway at 1:42 p.m. on August 17, 2023. The front of the BMW and the passenger side of the Mitsubishi Outlander were significantly damaged. An ambulance took Portner to New Ulm Medical Center, where he later died.

Officers observed DeLeo stumbling, swaying and smelling of an alcoholic beverage. He admitted to having several drinks, was arrested, taken to New Ulm Medical Center with non-life threatening injuries and then taken to the Brown County Jail. The Minnesota State Patrol determined that alcohol was involved in the crash.

Brown County Assistant State’s Attorney Dan Kalk said DeLeo testified “no real responsibility or real remorse.”

“Prison Treatment Program Will Promote Public Safety,” he said.

“I would like to apologize. I never planned it. I’m ready to do what I need to do. I’m ready to be sober.” DeLeo said.

Judge Docherty said a law enforcement body camera recorded DeLeo at the scene of the crash “it did not seem to me a terrible remorse.”‘

Kalk described Portner as a vivacious, fun-loving woman who enjoyed traveling the world, camping and spending time with her family.

“I just hope the (Portner) family finds some closure with the verdict.” Kalk said.