SL man convicted of OWI-3
Could face five years in prison
Victor Kilmete, 43, of Storm Lake was convicted of operating while intoxicated Tuesday by a 12-person jury.
Testimony revealed that the defendant did not complete some of the sobriety tests offered by police and ultimately refused to provide a breath sample for testing in a datamaster machine.
Assistant Buena Vista County Attorney Matt Speers argued that the defendant exhibited all the tell-tale signs of intoxication and the defendant’s refusal to provide a breath sample was also an indication of guilt.
This was the third OWI offense for Kilmete.
A sentencing hearing will take place on May 19 for Kilmete where a judge will determine the punishment for his latest conviction.
Kilmete could receive a sentence of up to five years in prison and a fine of $7,500.
According to Storm Lake Police, two days before his trial Kilmete was involved in a hit and run accident.
On Sunday, March 30 police cited Kilmete with another charge of OWI, as well as pubic intoxication, driving while revoked, leaving the scene of an accident and driving without a license.
These charges are currently pending in Buena Vista County.