Marquette University

MILWAUKEE (CBS 58) - One of the drivers accused in the crash that killed two Marquette University students last fall could face more serious charges.

Twenty-one-year-old Peter McColgan had his first court appearance Thursday, July 16. CBS 58 learned in court he had been offered a deal by the state that would have allowed him to graduate from Marquette University if he pleaded guilty, but that deal appears to have fallen through.

CBS 58

Prosecutor Emily Zimmel said the state plans to proceed to trial on the more serious charges of two counts of second-degree reckless homicide instead of the current charges of homicide by negligent operation of a vehicle.

The courtroom gallery on the defense side was overflowing with around 30 people, the majority appearing to be from Marquette, supporting McColgan.

He's charged in the deaths of 19-year-old Scott Michaud and 20-year-old Noah Snyder following a crash Sept. 5 of last year.

According to the criminal complaint, McColgan sped through the intersection of North 27th Street and West St. Paul Avenue in an attempt to beat a yellow light. That's when he collided with another vehicle driven by 42-year-old Amandria Brunner, who started turning during the yellow light.

Vehicle data shows McColgan was traveling 53 mph in a 30 mph zone, with the accelerator fully depressed.

However, his defense attorney, Nicole Masnica, said he's never been in trouble and was a mentor to many, including Snyder and Michaud, describing him as a  model young man. 

 This can happen to so many people. You, I, or our children,  she said.

Last month, Brunner was found not guilty at her trial after using an affirmative defense, arguing that because McColgan was speeding, the crash would have happened anyway. Jurors determined that although Brunner was nearly twice the legal limit for alcohol and high at the time of the crash, the state failed to prove her actions caused the students' deaths.

CBS 58's Montse Ricossa spoke exclusively with one of the jurors, who explained the decision.

 I believe the recklessness of the other driver gunning it throu

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