A Nebraska semi driver pleaded guilty in a plea agreement with the State in a Marshall County Superior Court No. 1 hearing Friday morning where he was previously indicted by a Grand Jury on charges in connection with a crash on February 15, 2021 that resulted in the death of a Bremen woman.
Delbert Polenske, 59, pleaded guilty to a Level 5 Felony charge of criminal recklessness.
Marshall County Prosecutor Nelson Chipman recounted the details surrounding the crash during the hearing presided over by Judge Robert O. Bowen. He stated that Polenske was driving his semi on U.S. 6 during a blinding snowstorm and had been driving for more than 12 hours. Chipman said black box evidence from the semi found that he set the cruise control slightly over the speed limit in less than ideal driving conditions. As he traveled toward his destination of Milford, passed two cars after coming off of U.S. 31 onto U.S. 6 and as he approached the King Road intersection he failed to see a 2007 Ford Focus stopped or slowed to make a north turn at the intersection. Chipman noted that the evidence of the black box revealed that he applied brakes just before hitting the rear of the vehicle with great force. Chipman said that it was snowing at the time of the accident and Polenske was aggressively driving.
The vehicle was driven by 33-year-old Melia Sue Byrer. The force of the impact collision reportedly pushed Byrer’s vehicle into oncoming traffic, according to the police report. Police say Byrer was transported to Memorial Hospital in South Bend, but later died as a result of her injuries. Other drivers were treated at the scene of the accident.
Chipman commented in court that Polenske did not have intent behind the action and he is remorseful for what occurred. He noted that with Polenske’s background and overall circumstances in the accident no prison time was requested in the plea agreement.
Chipman stated that he supported the terms of the plea agreement.
The victim’s family provided a statement to the court where Byrer’s father talked of the grief and struggles left for surviving family members, including her husband and two children. Biblical literature was offered to Polenske in court and he accepted the material.
Polenske did not provide a comment to the court.
Judge Bowen accepted the plea agreement in which Polenske agreed to admit guilt to criminal recklessness as a Level 5 Felony. Per the terms of that agreement with the State, he was sentenced to three years in the Indiana Department of Corrections with all of that sentence to be suspended and served on probation. The level of supervision will be determined at the discretion of the Marshall County Community Corrections. The terms of probation will then be transferred to the county of residence in the State of Nebraska. Polenske will be fined $1.00 and his CDL will be suspended for a period of one year. A count of reckless homicide as a Level 5 Felony was dismissed.
