One year in jail for driver who was drunk when he fatally hit man in central Minnesota street

A driver was given a year in jail Wednesday for being drunk when he fatally hit a man in the street near St. Cloud.

Tyler J. Nies, 26, of Sartell, Minn., was sentenced in Benton County District Court after pleading guilty to criminal vehicular homicide in connection with the crash shortly before 11 p.m. on July 28 in Sauk Rapids near the intersection of N. Benton Drive and N. 8th Street that killed Kevin D. Oehmen, 47, of Sauk Rapids.

Judge Robert Raupp opted for the year in jail while setting aside a 5¾-year term. Raupp also ordered Nies to serve 10 years’ probation, perform 80 hours of community work service, complete a chemical assessment, attend a victim impact panel, abstain from mood-altering chemicals and stay away from bars.

According to the criminal complaint:

An officer at the scene noticed that Nies smelled of alcohol. Nies initially said he had one beer before driving his pickup. A preliminary breath test by the officer measured Nies’ blood alcohol content at 0.129%, more than 1 1⁄2 times the legal limit in Minnesota.

Upon further questioning, Nies said that before driving he drank three beers, which were about 16 ounces each.

Nies told police he was heading north on Benton Drive in the right-hand lane and suddenly saw a man walking in the grassy area next to the curb “like he was going to cross the road,” the complaint read. Police Chief Perry Beise added that Oehmen was on a street with no marked crosswalk.