A 34-year-old Breezy Point man who served a year in jail for a criminal vehicular homicide following a 2005 crash in which his passenger died is heading to prison.
Mark Martin Bundgaard, who was arrested July 14 in Breezy Point for first-degree driving while impaired (DWI), which violated the conditions of his probation, was sentenced Dec. 20 to four years in prison in Crow Wing District Court.
Bundgaard served a year in jail for a criminal vehicular homicide following a crash in which his passenger, Kenneth Foster, 40, Crosslake, died on May 18, 2005. Part of Bundgaard’s conditions of his probation include that he not be allowed to purchase, possess or consume alcohol or enter any establishments that serve or sell alcohol during probation.
Bundgaard, who pleaded guilty to violating the conditions of his probation, will serve four years at the Minnesota Corrections Facility in St. Cloud. In his sentencing, Judge Erik J. Askegaard also sentenced Bundgaard to five years of conditional release after his prison sentence.
Bundgaard and Foster, his friend and roommate, 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.
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 not have to serve that 48-month prison sentence.
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.”