CHARLESTON - A woman pleaded not guilty Tuesday to charges accusing her of being intoxicated when the car she was driving was involved in an accident that killed one of her passengers.
Samantha N. Kater, 23, 6219 N. County Road 1200E, Charleston, is charged with aggravated driving under the influence of alcohol, a felony offense, in connection with the Oct. 29 accident on Illinois Route 16 near the Embarras River. One of her passengers, Katie Marie Floyd, who was also 23, died from head injuries she received in the accident.
No additional information on the accident became available during Tuesday's hearing because Sean Britton, the attorney representing Kater, said she would waive her right to a preliminary hearing on the charges.
At such a hearing, the prosecution presents some evidence, usually police testimony, for a judge to use to decide whether to order a case to trial. No evidence is required if the defendant waives such a hearing, a move that happens in most of Coles County's felony cases.
At Britton's request, Circuit Judge James Glenn didn't schedule Kater's case for trial but instead set a hearing to review the case's status. Britton and Assistant State's Attorney Gabe Siehr agreed to schedule the hearing for Feb. 21. Kater is also charged with traffic offenses, namely failure to reduce speed to avoid an accident, improper lane use, not wearing a seat belt and no proof of insurance.
Kater is free on bond. She'd face the possibility of a prison sentence of three to 14 years if she's convicted of the felony charges, though prison time wouldn't be required.
The felony charges against Kater allege allege that she was legally intoxicated at the time of the accident, specifically that her blood alcohol content was 0.117 percent, above the legal limit of 0.08 percent for driving. The "aggravating" factor that makes the offense a felony is the allegation that the accident resulted in Floyd's death.
According to police accounts at the time of the accident, neither Kater, Floyd nor another passenger, Jordan Pollard, were wearing seat belts at the time of the accident. Floyd was asleep in the back seat of the car and was thrown from it when the vehicle hit a ditch, they said.
Contact Dave Fopay at dfopay@jg-tc.com or 238-6858.
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