Man arrested for DWI, violating his probation from the 2006 death of a friend | BrainerdDispatch.com | Brainerd, Minnesota

Man arrested for DWI, violating his probation from the 2006 death of a friend

Posted: July 18, 2012 - 10:52pm

A 34-year-old Breezy Point man who served a year in jail for a criminal vehicular homicide following a crash in which his passenger died was arrested Saturday in Breezy Point for first-degree driving while impaired (DWI).

On May 18, 2005, Mark Martin Bundgaard and his friend and roommate, Kenneth Foster, 40, of Crosslake, were driving eastbound in Bundgaard’s car on Crow Wing County Road 125 when Bundgaard failed to stop at the county road’s intersection with Highway 371. His car collided broadside with a southbound pickup. Foster suffered a serious skull fracture in the collision and was transported to St. Cloud Hospital, where on May 19, 2005, he died. A blood sample taken from Bundgaard following the collision showed an alcohol concentration of .24 percent, which was more than twice the legal limit at the time.

Bundgaard was arraigned Tuesday for violating the conditions of his probation on the 2005 charge. He was arrested at 12:50 a.m. Saturday near Crow Wing County Roads 11 and 4 by Breezy Point police. According to court documents, Bundgaard denied that he was in violation of his probation.

The judge set Bundgaard’s omnibus and probation violation hearing for 1:30 p.m. July 31. Bail/bond was set at $250,000 with conditions and $500,000 without conditions. Bundgaard is still in custody in the Crow Wing County Jail.

According to the statement of probable cause filed against Bundgaard, it reported that he performed poorly on three standardized field sobriety tests. It reported that Bundgaard’s blood alcohol content was .16. In the statement, it also stated that two blister packs were found in Bundgaard’s right pocket. The packs included: one Alprazolam, two scheduled IV controlled substances and eight Diazepam and the pills were not labeled with a prescription.

On Jan. 24, 2006, Bundgaard waived his rights to a trial and pleaded guilty to felony criminal vehicular homicide and gross misdemeanor criminal vehicular operation it was part of an agreement reached between Crow Wing County and his attorney. The agreement included that if Bundgaard remained law-abiding and abstained from alcohol use during the next 10 years, he will not have to serve that 48-month prison sentence, or 32 months when given credit for time served on his one-year jail sentence.

On the second count of gross misdemeanor criminal vehicular operation resulting in bodily harm, Bundgaard will serve three years probation following his 10-year probation sentence. If he remains law-abiding during those three years of supervised probation, Bundgaard will not have to serve the one-year jail term called for under sentencing guidelines, part of the agreement.

Part of Bundgaard’s conditions of his probation include that he will not be allowed to purchase, possess or consume alcohol or enter any establishments that serve or sell alcohol during probation.

During the 2006 sentencing, Foster’s sister, Tracy Filipkowski, told Bundgaard not to destroy the second change he was given. She said, “Please don’t disappoint us ... Please don’t disappoint your family.”

Bundgaard told the Foster family at the sentencing, “... I want you to know how much I care and how devastating this has been. I feel absolutely terrible. It’s been a devastating, devastating accident. I want you to know I’m sorry for what I have done. I never will drink again. Never ever ... I’m dead serious. I’m done forever. I’m never ever touching the stuff again.”

JENNIFER STOCKINGER may be reached at jennifer.stockinger@brainerddispatch.com or 855-5851. Follow me on Twitter at www.twitter.com/jennewsgirl.