Chesterton Tribune

Pleads guilty to fatal OWI at US 20 and Waverly, facing 8 years max

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A Michigan City resident is facing a possible term of eight years in prison after pleading guilty to operating while intoxicated in connection with a fatal accident in 2010 at the intersection of U.S. Highway 20 and Waverly Road in Porter, the Porter County Prosecuting Attorney’s Office said.

Sandra Ann Everly, 54, with listed addresses in both Michigan City and Westville, has pleaded guilty to the most serious of the four felony counts filed against her, a Class B felony: OWI while being over 21 with a blood alcohol content of .15-causing death, Deputy Prosecuting Attorney Andrew Bennett told the Chesterton Tribune today.

A Class B felony is punishable by a term of six to 20 years.

Everly’s plead-and-argue agreement specifically caps incarceration in the Indiana Department of Correction at eight years, Bennett said, and all lesser and included charges—three other felony counts and three misdemeanor—would be dismissed.

According to the probable cause affidavit filed by Sgt. John McMahon of the Porter Police Department, at 9:40 p.m. Aug. 20, 2010, Everly was westbound on U.S. 20 in a Chevrolet Cavalier when she rear ended a second vehicle at the intersection of Waverly Road. One witness, also westbound on U.S. 20, advised that Everly nearly sideswiped them and had been “moving all over the road,” while another—at the Porter Quick Stop—advised that he did not see brake light activate on the Cavalier prior to the crash, McMahon stated in his affidavit.

Everly and her passenger, William Hertaus, were both trapped in the Cavalier and had to be extricated by Porter firefighters. Everly—who “was not wearing a seat belt”—sustained facial injuries and a compound fracture of her right ankle, McMahon stated, while Hertaus suffered injuries to his neck and head.

Hertaus died of his injuries less than a week later, on Aug. 25.

When McMahon asked Everly what happened, she replied “I don’t know, I just rear ended someone, I think,” he stated.

Everly subsequently registered a B.A.C. of .27 percent on a blood test, more than three times the legal limit of .08 percent.

 

Posted 2/21/2012