By Shannon Fiecke, Correspondant

Prosecutors today dropped the most serious charge against Randal Hennes, the 40-year-old Prior Lake man who collided with an 11-year-old bicyclist at a busy intersection in Shakopee last week.

The Scott County Attorney's office withdrew the criminular vehicular injury charge after blood work came back from the Bureau of Criminal Apprehension showing Hennes had a blood alcohol content of 0.07 percent, just under the legal limit.

AfterHagadorn died from his injuries Friday morning, the county attorney’s office had actually wanted to upgrade the charge to criminal vehicular homicide. It changed course after getting the BCA results.

With police reports and a state reconstruction report still pending, Scott County Attorney Pat Ciliberto said his office was unable to show neglect without a blood alcohol content of 0.08 percent or higher.

Witnesses said Hennes had a green light to proceed northbound on Marschall Road through the intersection at 17th Avenue when he struck the boy. A police officer and witnesses reported that Hennes made a U-turn at the next stoplight and fled the accident scene.

Prosecutors on Wednesday did, however, upgrade the charge of leaving the scene of an accident that resulted in great bodily harm to one of leaving the scene of an accident resulting in death. The amended hit-and-run charge has maximum penalty of three years in prison and a $5,000 fine, one more year of prison and an additional $1,000 over the original charge.

Hennes still faces a charge of third-degree driving while impaired under the influence of alcohol.

Ciliberto said his office can still pursue a DUI because someone can be impaired from alcohol, even if their blood alcohol content is below the legal limit.

Hennes, who showed signs of intoxication when he was apprehended, was also originally charged with criminal vehicular injury: driving a motor vehicle in a negligent manner while under the influence of alcohol, resulting in great bodily harm.

Hennes was located by a Scott County deputy about six miles south of the accident scene, and, according to the deputy, admitted hitting Hagadorn.

According to police, Hennes smelled like alcohol, had watery and bloodshot eyes and performed poorly on field sobriety tests, failing a breathalyzer test. His blood was later drawn at a hospital and sent to the BCA for processing.

Ciliberto said a blood test showing an alcohol content of 0.08 percent or above would have presumed negligence, a necessary element for a criminal vehicular homicide charge.

It’s possible prosecutors could still reconsider charging Hennes with criminal vehicular homicide once police and state patrol reports are finished, if they point to negligence.

At the hearing, a county prosecutor also attempted raise the $5,000 cash bail that Hennes had posted, arguing it should be raised now that Hagadorn has died. Judge Michael Fahey declined to raise the bail amount.

Hennes’ defense attorney, Steven Meshbesher, argued against raising the bail amount, saying that Hennes was not a flight risk because he grew up and lives in the community and he poses no threat to public safety. He supported his argument with the fact that the criminal vehicular injury charge had been dropped.

Part of the bail requirements are that Hennes abstain from alcohol and be monitored daily for alcohol use.

Hennes, whom his defense attorney said is a cabinet maker, appeared at the hearing with his sister and parents.

Hennes waived his right to a speedy trial. His attorney told the judge they’ve hired a former state patrolman as an expert witness to conduct their own reconstruction of the accident.

Pressed by a TV reporter for what he hopes the outcome will be in this case, Ciliberto said his office doesn’t try cases in the media.

The Hagadorns issued a statement through a spokeswoman on Wednesday, saying they were devastated by the latest court development, but are continuing to focus on coping with their loss. "They believe in justice through the courts, as well as a higher power, and find strength in Nick's memory," the statement said. "The family does not wish to harness any hate or anger."

Speaking for Hennes after the hearing, Meshbesher called the incident a “tragic accident.”

“This is a sad event. No one is happy about it,” he said. “Our condolences are going to the family.”

Hennes was previously convicted in 2004 of third-degree drunken driving after rear-ending a car in Belle Plaine. The driver of the other vehicle in that crash claimed she was injured and sued him for damages in civil court, but the case was settled out of court.

In 2005, Hennes was also convicted of possessing marijuana and giving a false name to a police officer when he was pulled over for weaving while driving with a revoked license.

Shannon Fiecke can be reached at (952) 345-6679 or sfiecke@swpub.com.