LOCAL

Driver convicted of reckless second-degree murder could face 9 years

Sentencing date yet to be scheduled

Steve Fry
Hunter Michael Hillmer, of Topeka, was charged with reckless second-degree murder tied to the March 19 car wreck that killed Madison "Maddie" Naill, a passenger in his car.

Jurors deliberated two and a half hours Tuesday before they convicted 19-year-old motorist Hunter Hillmer of reckless second-degree murder in the death of a 15-year-old passenger in his car.

Hillmer could face a nine-year prison sentence tied to his conviction in the death of Madison “Maddie” Naill, 15, who died in a March 19 automobile wreck in the 5700 block of S.E. 45th.

Jurors also convicted Hillmer of aggravated battery (great bodily harm) in the injury of a second passenger, Blake Hanvy, 20; driving while under the influence of alcohol; possession or consumption of alcohol by a minor; and reckless driving.

Hillmer didn't show any reaction when the verdicts were read. Hillmer suffered injuries during the March 19 wreck that left him a paraplegic.

Hillmer’s case next will be in Shawnee County District Court on Dec. 20 when his sentencing date will be scheduled.

The murder and aggravated battery convictions are felonies, and the other three convictions are misdemeanors.

Hillmer's sentence will depend on his criminal history. In Shawnee County, Hillmer was convicted of a misdemeanor 17 days before the wreck.

When a convicted defendant has one misdemeanor conviction, reckless second-degree murder carries a sentence ranging from nine years and one month to 10 years and three months, according to the Kansas sentencing grid.

Aggravated battery in which the victim suffers great bodily harm carries a sentence ranging from two years and seven months to two years and 10 months.

Other sentences are six months for a first-time DUI conviction, 30 days for minor in possession of alcohol and 30 days for reckless driving.

The maximum sentences would total 13 years and nine months.

Hillmer's misdemeanor conviction occurred March 2 when he pleaded no contest to battery against a law enforcement officer, was sentenced to eight months in jail and was placed on 12 months of probation, according to court records.

The probation was revoked July 19, and he was ordered to serve the eight-month sentence.

When Hillmer testified on Monday, he acknowledged to jurors he was on probation in another case on March 19 in which probation conditions prohibited him from possessing or consuming alcohol. But jurors weren't told the probation stemmed from the battery conviction of an officer.

When Hillmer testified Monday, he said a bottle of Wild Turkey whiskey in his Cadillac was his. Hillmer testified he drank beer while he was a passenger earlier March 19 in a friend's pickup truck.

The last time Hillmer remembers walking is entering a liquor store, where surveillance tapes showed Hillmer and a second man buying beer and liquor without being carded.

Naill and the three men returned to S.W. 37th and Wanamaker, where they were dropped off at Hillmer's car.

Hillmer, Naill and Hanvy then started to drive to Lawrence to pick up a friend, who offered to give the three a bottle of liquor if they gave him a ride.

Hillmer testified he didn't remember when he started drinking March 19, picking up Naill at her home, driving on S.E. 45th, the wreck, that he was the driver and his ambulance ride.

"All I know is I had been drinking that night," Hillmer said. From trial testimony, Hillmer thinks "I was driving that vehicle."

The Wild Turkey already was in his car after he bought it the previous weekend, he said.

Earlier Monday, Shawnee Heights firefighter Brandon Singleton, who was providing medical aid to Hillmer, testified Hillmer said he had consumed “a liter or more.” Singleton didn’t hear whether Hillmer drank beer or alcohol.

As Singleton worked on Hillmer inside an ambulance, Hillmer “randomly” said, “I’m (expletive) up,” Singleton testified.

Singleton also testified he was at the wreck when an empty bottle of Wild Turkey whisky fell out of Hillmer's car, then Hillmer fell out of the demolished car.

Hillmer was the last witness to testify in the seven-day trial.

Prosecutors called 17 witnesses, and Hillmer's defense attorneys called five.