By Patrick Tepoorten

North Branch resident Tye Mitchell Schoon, 43, has been charged with multiple misdemeanors by the Chisago County Attorneyís Office in relation to the death of Joshua Robert Smrcka.

Smrcka, 20 years old at the time of his death, was struck and killed by Schoon as he walked along Forest Blvd. in the early morning hours of Nov. 5, 2005.

According to the criminal complaint, filed Feb. 24, Schoon stated that Smrcka ìcame out of nowhereî as he was driving along Forest Blvd. near 415th Street. It was further noted in the complaint that Smrcka was wearing dark clothing the night of the incident and that there was little to no ambient light in the area.

A blood-alcohol test given at Fairview Lakes Regional Medical Center in Wyoming shortly after the accident showed Schoonís blood-alcohol level at .05, within the legal limit of .08.

Schoon faces three charges for his actions that early morning. The first count, and most serious, is for failing to drive in the correct lane and comes with the possibility of up to one year in jail and/or a $1,000 fine. The charge is based on evidence at the scene indicating that Schoon was ìon or partially on the shoulderî when he struck Smrcka, according to the complaint.

The second count is for not carrying proof of insurance, a charge that carries a sentence of 90 days in jail and/or a $1,000 fine.

The third count is for driving an uninsured motor vehicle and carries the same penalty as the second charge.

Schoon is scheduled to be arraigned in Chisago County district court on March 14 at 8:30 a.m.