Driver facing felony not guilty because of mental disease

A 56-year-old man who repeatedly hit the same vehicle as he drove through Port Washington last year, then claimed he was drunk was found not guilty of the felony he faced by reason of mental disease.

Saukville resident Frederick J. Rothstein pleaded guilty last week to a charge of second-degree recklessly endangering safety but, based on a psychiatric evaluation, Ozaukee County Circuit Judge Steve Cain ruled he was not responsible for his actions because of his mental state.

Cain committed Rothstein to the Wisconsin Department of Health Services for three-and-a-half years and ordered a predispositional investigation, the results of which will be used to help determine whether he will be supervised in the community during that period or committed to a mental health institution.

The case dates to Monday, April 4, 2022, when, a woman said, she was driving from Saukville to Port Washington at 11:30 p.m. and saw Rothstein driving “all over” the two roundabouts in Saukville as he was heading east on Highway 33, according to a criminal complaint.

She said she lost sight of Rothstein, who was ahead of her, but then came upon his car parked in the left lane of Highway 33 and passed him.

The woman said she entered the City of Port Washington and had gone through the roundabout at Highway LL when she noticed Rothstein’s vehicle was coming up fast behind her.

She said that as she continued east on Grand Avenue, Rothstein hit the back of her car near South Tower Drive multiple times.

As she neared the traffic lights at Spring Street, Rothstein sideswiped her car, bounced off it and passed her, according to the complaint.

The woman said she had back pain and was taken to a hospital.

Officers quickly found Rothstein, who said he had a few drinks at his mother’s house, then drove to Port Washington because he wanted to walk along the bluff.

He said he knew he was driving too fast and admitted to hitting a car maybe three times but didn’t report the accident because he was drunk.

An officer reported smelling alcohol when talking with Rothstein, who could not complete a field sobriety test because he couldn’t maintain his balance.

Rothstein had also faced a charge of fourth-offense drunken driving, but that charge was dismissed earlier this year at the request of prosecutors because a blood test showed he did not have drugs or alcohol in his system at the time of his arrest, Ozaukee County District Attorney Adam Gerol said.

Court records indicate that Rothstein is being held in the county jail in lieu of $2,500 bail.