A Drive Home From a Funeral Ends in Tragedy

The family members of defendant Dao Xiong said their last words to him while tears streamed down their faces in a Milwaukee County courtroom, as the 37-year-old man was sentenced for the 2^nd degree reckless homicide of a relative that occurred as he was driving home from a funeral.

Xiong was sentenced by Judge Jeffery Wagner to four years in confinement and eight years of extended supervision. He needs to complete 100 hours of community service during the time of supervision.

Xiong was driving home from a funeral on July 30, 2017 with a blood-alcohol-content of .28. He made the decision to get behind the wheel and drive. Not only that, but he also gave a distant relative, Xia Xiong, a ride. This is who he killed.

Pahoua Xiong, Xia’s sister, was one of the few family members at the sentencing. “We don’t know how to face the situation or the person who caused this to our family,” she said. “My brother was a good person and had so much to live for.”

While driving his 2002 Toyota Sienna minivan on the 8200 block of North 76^th Street, Dao struck the median several times then left the roadway and began to travel south on the grassy median. According to the complaint file, his car collided with the steel crash barrier which was directly north of a bridge and railroad tracks, became airborne, and traveled 130 feet through the air to then land on its roof on top of the tracks approximately 30 feet below.

Xia was ejected from the vehicle and suffered severe head trauma, a fractured left hip, and was going to lose an eye. He died as a result of these injuries.

Dao spoke to his interpreter one last time to get his final words out. “I want to apologize to Xia’s family,” he said. “In the future I will do everything I can to educate the community not to drink and drive.

The prosecuting attorney, Grant Huebner, said that the state recommended 10 years of initial confinement. The state would have been recommended less if he had not already had a prior offense. In 2009, he was convicted and sentenced in Ramsey County, Minnesota for an OWI. He served two years of probation. Judge Wagner repeatedly said that probation is supposed to be a deterrence to yourself. “It’s not just the completion, it’s supposed to be forever,” Wagner said. “You are not supposed to commit the same type of offense.”

Huebner mentioned the court received many letters from the victim’s family members. “They are both heart breaking and heartwarming.” Wagner said. They did not ask for very harsh punishment though Huebner said that a person should not get a break just because the person they killed is a distant family member or friend.

The defense presented two people. Defense attorney Aaron Nelson asked presentence investigation writer Lisa Andreas some questions. She did not have her own words prepared; instead attorney Nelson needed to start the conversation. Judge Wagner was not happy about this.

“Even though you used a Hmong translator,” Nelson said, “did you come to learn information that surprised you?”

“There was one thing that I was unaware of,” Andreas said, adding “he had additional siblings that died in Laos. This adds to his trauma”

The second witness was Dao’s wife, Xee Lee. Xee needed a translator in which the court did not have, so co-counsel May Lee had to both ask her questions and translate. Judge Wagner was also not content with this.

“Since this incident has happened, how has Dao’s behavior changed?” Lee asked.

“I have seen a change in his character, he wants to be responsible and a role model for his children, and he wants to be a better husband.” Xee said. “He admits his wrong and shares his story in hopes to prevent someone else from making the same mistake he did.”

The defense is asking for a 10-year probation period. According to the LSCMI, level of service case mange inventory, Dao is at low risk to reoffend. “You can punish him on probation, but you don’t need prison.” Nelson said.

Judge Wagner recognized that Dao was very remorseful and knows that he did not intend for this to happen. According to Judge Wagner, Dao is a very good man who made a very bad decision.

“When he comes out, his loved ones will see his face again,” Pahoua said. “My family members will never see my brother’s face anymore.”