Friday, Jun. 05, 2009

Lawsuit alleges trooper was on cell phone before crash that killed two Collinsville sisters

Illinois State Police Trooper Matt Mitchell was talking on a personal call on his cell phone and driving 126 mph just seconds before his squad car slammed into two cars, killing two Collinsville sisters and injuring a Fayetteville husband and his pregnant wife in 2007, according to court records.

The allegation that Mitchell was on his cell phone was included in an amended lawsuit filed last week on behalf of Kelly and Christine Marler, who were injured in the crash.

The suit details what Mitchell was doing before the crash that killed Jessica Uhl, 18, the driver, and her 13-year-old sister Kelli Uhl.

"That's what the evidence shows and that's what we are alleging," said Troy Walton, who filed the suit on behalf of the Marlers, who were injured in the Nov. 23, 2007, crash.

Illinois State Police has stated Mitchell was engaged in "other activities" but has not specified what those activities were.

Brad Bucher, the assistant attorney general assigned to represent Mitchell in the case, could not be reached for comment.

Bucher has asked St. Clair County Circuit Judge Patrick Young to dismiss the case, stating it should be filed in the Illinois Court of Claims.

Young will hear arguments on July 15.

The Marler's lawsuit accuses Mitchell of negligence when he drove his police-issued 2006 Chevrolet Impala at 126 mph then lost control, crossed the Interstate 64 median near the Illinois 158 overpass and slammed head on into a car containing the Uhl sisters, who were declared dead at the scene.

Christine Marler, who was pregnant at the time, delivered a healthy baby three weeks after the wreck, but sustained knee and leg injuries. Kelly Marler suffered wrist injuries in the accident.

Mitchell was responding to a call about an unrelated accident on Stein Road and Illinois 4 when the accident that killed the Uhls and injured the Marlers occurred, but the ambulance picked up the injured motorist more than 10 minutes before Mitchell lost control of his car, the suit stated.

In 2003, Mitchell was involved in a low-speed collision in Peoria. Mitchell was found to be at fault, resulting in a $1.7 million judgment against the sate. Mitchell accepted fault for the collision, admitting he was typing on his squad car's in-dash computer.

In the 2007 crash, Mitchell received severe leg injuries that caused him to use a wheelchair for a time.

Illinois State Police relieved Mitchell of his duties after the accident, but he continues to draw his $68,316 yearly salary.

The Uhl family filed a wrongful death suit against the state and Mitchell. Their suit is pending in the Illinois Court of Claims. Thomas Q. Keefe, the attorney for the Uhls, could not immediately be reached for comment.

Mitchell is free on bond, but faces two counts of reckless homicide and two counts of reckless driving. His trial is scheduled for Nov. 2.