Lawyer for woman charged in fatal crash files motion to dismiss 1 charge
Status hearing for Brittany Griswold set for Thursday
DAVENPORT, Iowa (KWQC) - An attorney for a woman charged in connection with a crash that killed 49-year-old Cecilia Nache in 2021 filed a motion to dismiss a charge of unlawful possession of a stolen motor vehicle.
Larry Vandersnick, the attorney for 36-year-old Brittany Griswold, also filed a motion to sever the charge from two additional counts of aggravated DUI accident resulting in death and one count of reckless homicide.
Rock Island court records show she has a status hearing Thursday.
According to Rock Island police, the crash happened around midnight on Aug. 4, 2021, near the 2300 block of 78th Avenue in Rock Island. Nache was killed and Griswold was injured in the crash, according to police.
Police said Griswold was driving under the influence of alcohol at the time of the crash.
She is free on a recognizance bond, court records show.
In the motion to dismiss the stolen vehicle charge, Vandersnick wrote that Griswold had been at a party in rural Henry County prior to the crash.
According to the motion, a truck that had the keys in the ignition was parked directly in front of her vehicle. Instead of getting into her vehicle, she got into the truck and drove off, according to the motion.
Griswold initially was charged in Henry County with possession of a stolen vehicle. On Nov. 12, a new charging document was filed that included a charge of possession of a stolen vehicle in Rock Island County.
The theft charge in Henry County was later dismissed, according to the motion.
“When the People of the State Illinois moves to dismiss the theft charge in Henry County and the Court granted said motion, it was not done with prejudice, but gave the State the opportunity to amend its charge in Rock Island County,” Vandersnick wrote in the motion. “The State had until Feb. 2, 2022, to refile and amend its theft charge which it did not. Therefore the dismissal acted as a final judgment with prejudice and the State is barred from proceeding on the theft charge.”
Rock Island County prosecutors have not responded to the motion as of Wednesday afternoon, court records show.
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