Restitution Hearing for Fergus Falls Vehicular Homicide Convict

Randy Unger signed a civil settlement on February 9 releasing all claims arising from the crash that killed his son Blake. Then, on April 2, he watched Otter Tail County District Court weigh whether that signature would also foreclose the one financial remedy still pending in the criminal case: restitution.

Izak Schermerhorn, 19, of New York Mills, appeared remotely from Todd County Detention Center, where he is serving a 180-day sentence for criminal vehicular homicide. Defense attorney Christopher Cadem moved to dismiss the restitution claim outright, arguing that because Randy Unger, acting as trustee of Blake Unger's estate, had already entered "a full and complete settlement which releases of all claims in the civil lawsuit resulting from this criminal offense," the court had no further basis to order payment. Otter Tail County District Attorney Michelle Eldien pushed back, contending that criminal restitution is a distinct legal remedy that exists independent of any civil recovery and that Blake Unger's heirs remain entitled to an order under Minnesota law. The hearing closed without a dollar figure established, leaving the family's claim unresolved.

The distinction Eldien drew carries real weight. Criminal restitution in Minnesota is calculated from documented out-of-pocket losses: funeral and burial costs, medical expenses incurred before death, and counseling costs for surviving family members. A civil settlement can reflect a far broader spectrum of damages, including pain and suffering, loss of consortium, and anticipated lifetime earnings. The two tracks serve different purposes even when they stem from the same act, and the court must now decide whether one cancels the other.

Schermerhorn's path to that April 2 video screen began on the evening of May 27, 2025, along Otter Tail County Highway 75 in Bluffton Township. He had picked up Unger to show off engine upgrades on his truck, then intentionally fishtailed the vehicle on a gravel road before losing control and rolling into a ditch. Unger, 18, a New York Mills High School graduate and the school's homecoming king, was found pinned beneath the truck and was pronounced dead at the scene. Deputies recorded a blood alcohol concentration of 0.10 percent and detected cannabis in Schermerhorn's system. He told investigators he had broken nearly a year of sobriety to celebrate graduating high school just four days before the crash.

He pleaded guilty to a single count of criminal vehicular homicide in November 2025, with four additional charges dismissed. District Judge Kevin Miller sentenced him January 13 to 180 days in jail and 10 years of supervised probation monitored by Otter Tail County Probation. A $1,000 fine and $85 in court fees were also imposed. Under the stay of imposition, a clean probation record will reduce the conviction to a misdemeanor. Whether the Unger family receives anything additional through the criminal case now rests entirely with the court.