Jury takes less than an hour to convict unlicensed driver in fatal New Year's Day crash

An unlicensed driver was found guilty of homicide in a high-speed crash that killed a Menomonee Falls man who was riding with his parents to a New Year's Day church service.

A Milwaukee County jury deliberated for less than an hour before returning a verdict Tuesday to convict Juan Felix-Avendano of homicide by intoxicated use of a vehicle and other charges stemming from the crash.

Prosecutors said Felix-Avendano, 22, of Milwaukee, was drunk and high on meth when he slammed into the family's vehicle at about 7:30 a.m. on Jan. 1.

Craig Schimming, 52, was killed in the collision. His father, 76, was driving, and his mother, 78, was a passenger in the back seat. They were taken to a hospital with life-threatening injuries, but survived. Felix-Avendano also was injured.

Here's what happened that morning

Prosecutors said Felix-Avendano was traveling in a red Volkswagen Jetta at a high rate of speed and rear-ended a Toyota RAV4 that was headed east on West Good Hope Road. An open bottle of beer was on the driver's floorboard and a beer can was in the back seat, according to a criminal complaint in the case.

Court records show Felix-Avendano has never had a driver's license.

How much did Felix-Avendano drink before he got behind the wheel?

Felix-Avendano later told investigators at the hospital he drank a beer and a shot before leaving work that day. On his way home, he drank a michelada and a beer. When got home, he talked on the phone to his wife in Mexico, then smoked crystal meth after he hung up with her.

He drank another four beers at home, the criminal complaint said. Felix-Avendano tried calling his wife back, but got no answer; he went upstairs and continued drinking at a New Year's get-together.

Felix-Avendano told police he didn't remember leaving the house; he recalled getting out of the vehicle and firefighters working on him and later waking up in the hospital.

Felix-Avendano's blood was drawn while he was in the hospital. It determined his blood-alcohol concentration was 0.147 — nearly twice the state's legal limit for driving.

How fast did he drive that morning?

The odometer on the Jetta he was driving that day was frozen at 110 mph, court records show. The speed limit on West Good Hope Road is 40 mph.

What was his defense?

Felix-Avendano initially told investigators he was behind the wheel, according to the criminal complaint, but he told a different story Tuesday, while testifying in his own defense.

Under questioning from his attorney, Heather L. Johnson, Felix-Avendano said another man drove his car that day and that he was in the passenger seat.

The driver, who Felix-Avendano identified under oath, lost control of the vehicle and fled after the crash, he said.

Assistant District Attorney Paul Tiffin said there was no evidence supporting Felix-Avendano's claim. A police officer testified earlier in the trial the passenger-side seatbelt was locked when first responders arrived.

The jury also convicted Juan Felix-Avendano of other felonies

• Homicide by use of vehicle with a prohibited alcohol concentration
• Two counts of injury by intoxicated use of a vehicle
• Two counts of injury by use of a vehicle with a prohibited alcohol concentration involving a passenger over age 16

What's next for Juan Felix-Avendano?

Sentencing has been scheduled for Jan. 5 before Judge Jeffrey A. Wagner.