Mequon man pleads guilty in drunk driving crash that killed brother

OZAUKEE COUNTY, Wis. (CBS 58) -- An 18-year-old accused of killing his brother in a drunk driving crash last summer pleaded guilty Tuesday, Feb. 13. 

John Benske's been out on bond since last summer. He walked into court with family Tuesday, his mother holding a rosary and sobbing as her son's name was called. 

Benske is a free man tonight after the judge agreed to allow him to go home one more time, as he now waits for his sentencing hearing. 

The criminal complaint, which Benske told the judge he read and is accurate, says the teen's blood alcohol level was .214 in July when he was driving on a Mequon road with his 15-year-old brother in the vehicle. 

The complaint says he failed to negotiate a curve, landing in a ditch and hitting a tree. 

Mequon police found the 18-year-old running from the crash scene, his 15-year-old brother later pronounced dead. 

The state recommended Benske be held behind bars since he has now pleaded guilty, but the defense fought for his freedom.

"Your honor, I respect the court too much to sit and argue with you whether reman is appropriate or not. I leave it up to your judgment, but I respectfully request that you follow my request to allow Mr. Benske to remain in the community," said Defense Attorney Michael Chernin.

Benske's sentencing's set for April 11.