[media-credit name=’JEFF SCHORFHEIDE/Herald photo’ align=’alignright’ width=’336′][/media-credit]The man who hit a University of Wisconsin freshman with his car Monday night was formally charged with one felony and five misdemeanors Thursday.
Bradley Zika, 31, hit 18-year-old Patrica Wagner on the 800 block of Langdon Street while allegedly driving drunk. Wagner suffered a fractured skull, broken nose and fractured orbital as a result of the collision, and is still receiving treatment at a local hospital.
"The defendant responded when officers first interviewed him with the quote to the effect of 'My God, I'm so drunk,'" Asst. District Attorney Mike Verveer said at the arraignment. "Officers found several intoxicants in his motor vehicle, including an open bottle of Jack Daniels whiskey and an open can of beer."
Zika failed all field sobriety tests at the scene and was taken to a detoxification center because he was too intoxicated to be held at the Dane County jail, Verveer added.
This is the third time in less than a year Zika has been arrested for operating a motor vehicle while intoxicated. He was first charged with OWI in February 2006 and was charged with another count of OWI in November 2006.
His license was suspended after the first OWI charge and suspended again later, after he failed to comply with an alcohol assessment program.
Zika is charged with a felony for "causing bodily harm while intoxicated" and three misdemeanor counts of "bail-jumping," stemming from his previous OWI charges and a charge of battery and disorderly conduct from June 2006. His bond was set at $6,000.
"Given all of that, the state is absolutely concerned that the defendant is a threat to the community and our public safety," Verveer said. "[H]e's had now three drunk drivings in a less than (a) one-year time period."
As part of Zika's bond agreement, the court requested that he not operate a motor vehicle under any circumstances and not consume alcohol.
"Mr. Zika is just out of control at this point, and something needs to be done to protect members of the public from the risk of great bodily harm or other significant injury," court commissioner Jason Hanson said at the arraignment.
Zika's other two misdemeanors include his latest OWI and one for criminal destruction of property, stemming from his time at detox after the Langdon Street collision. While held at the hospital, Zika allegedly destroyed his bed and used pieces of it to attempt to pry the window open and escape.
Each of Zika's misdemeanors carries about one year in prison and additional fines. If convicted of a felony for causing bodily harm, Zika could face up to 12 and a half years in prison and a $25,000 fine.
"If it wasn't for the fact that Patrica Wagner has sustained such severe injuries, he would not be charged with the felony," Verveer said in a phone interview. "Frankly, it's a bit of a miracle that Zika did not kill her."
Zika's attorney, Gina Bosben, said her client recently began an intensive out-patient alcohol treatment program, and he hopes he can continue his recovery.
"He realizes that he has a serious problem with alcohol and is very sorry for these circumstances," Bosben said at the arraignment.
As part of his bond agreement, Zika will report to the Dane County Bail Monitoring Program, which keeps track of people with pending cases who are not held at the jail. To ensure Zika maintains his agreement to not consume alcohol, he will be required to breathe into a device in his home several times a day that will determine his blood alcohol level, Verveer said.
When questioned by police at the crime scene, Zika said he was coming from East Washington Avenue and driving to his home in Mount Horeb, Verveer said. When police arrived at the scene, Zika was found sitting on a curb in the snow, smoking a cigarette.
Zika's next court date is scheduled for Feb. 22, when he will have a preliminary hearing.