L’ANSE—No further action will be taken in the case of an Iron County pedestrian who was struck and killed this fall by a vehicle driven by an Iron County Sheriff’s deputy.
The decision was made by Joseph P. O’Leary, Baraga County prosecuting attorney, who had been appointed special Iron County prosecuting attorney by Michigan’s attorney general to review the investigation conducted by Post 85 of the Michigan State Police.
The investigation centered on the Oct. 31 fatal collision between an Iron County Sheriff’s patrol vehicle, driven by Deputy Leonard Brezek, and pedestrian Harold Foucault.
“After careful consideration of these materials, I have concluded that there is no evidence that would indicate Deputy Brezek acted in a criminally negligent fashion or committed any other crime on that day,” said O’Leary.
“Accordingly, I have conveyed to the Michigan State Police my intention to take no further prosecutorial action in this matter.”
Materials reviewed included reports authored by MSP Troopers Matt Akerley, Brad Lammi, Doug Cole, Jacob Mundy, Ryan Rossler and David Stuck as well as reports from MSP Detective Sergeants Chris Bracket and Thomas Rajala and accident reconstruction specialist Sgt. John M. Bruno.
Also reviewed were numerous CD and DVD data discs containing audio and video recordings of the accident scene, radio traffic related to the incident as well as photographs of the scene, the autopsy and data retrieved from Brezek’s cell phone.
“On behalf of the Michigan attorney general, the Iron County prosecuting attorney’s office and all the investigators involved, I wish to convey our deepest sympathy for the family of Harold Foucault. This was a truly tragic incident, and our thoughts and prayers are with them as they suffer through their loss.”