PAXTON — Ford County State’s Attorney Andrew Killian has dismissed charges of reckless homicide and aggravated reckless driving against an Indiana man, but he said he plans to refile them.
Over the objection of defense attorney Lance Cagle, Killian dismissed the two felony charges against Edwardo D. Rodriguez, 40, of Merrillville, Ind., during a Sept. 5 pretrial hearing, according to Ford County Circuit Court records.
Judge Matt Fitton subsequently vacated a motion hearing that had been set for Sept. 12 and a bench trial that had been set for Oct. 3. Rodriguez’s $2,500 bond was also refunded.
In an emailed statement, Killian said the decision to dismiss the charges was due to “an item of evidence that, until recently, the state was unable to analyze.”
“Now that we have the ability to have that analysis completed, it may have an impact on how this matter is charged in the future,” Killian said. “Unfortunately, I don’t know when the results will be back from the lab, so I went ahead and dismissed the case for now, but I have every intention of refiling it in the future.”
Meanwhile, Cagle said he objected to Killian’s decision because Cagle and his client were “ready for trial on the evidence we had.”
Killian filed the felony charges against Rodriguez last May in connection with a two-vehicle accident that occurred March 15, 2018, near Piper City, which resulted in the death of Rosemary E. Posekany, 66, of Greenville, Mich.
Rodriguez had previously only been charged with disregarding a stop sign.
District 21 Illinois State Police said the accident occurred when Mrs. Posekany was driving a Ford Escape east on U.S. 24 and her vehicle was struck by Rodriguez’s southbound 2005 Dodge Caravan at the intersection of U.S. 24 and Ford County Road 1700 East.
Killian said Rodriguez was speeding and failed to obey a stop sign at the intersection after passing over four rumble strips.
Killian said he consulted Mrs. Posekany’s husband before dismissing the charges, and her husband said “he understands completely (with the decision) and agrees that it is important that the state have all relevant evidence available to it before proceeding in its prosecution.”