Sangamon County State’s Attorney John Milhiser announced Thursday that evidence from deadly crash at an after-school camp in Chatham this spring does not support filing criminal charges.
The accident happened April 28 at 3:20 p.m. when a vehicle left the road and traveled through a field and into the east side of the YNOT Camp building located at 301 Breckenridge Road. Ten children were struck by the vehicle inside the building.
7-year-old Alma Buhnerkempe, 7-year-old Kathryn Corley, 8-year-old Ainsley Johnson and 18-year-old Rylee Britton died at the scene. A fifth victim, 8- year-old Bradley Lund, died later from his injuries.
The driver and sole occupant of the vehicle, a 2018 Jeep Wrangler, was Marianne Akers, 44, of Chatham. She was uninjured and transported to the hospital for evaluation then later released.
The Illinois State Police responded to the scene to assist the Chatham Police Department with the investigation. The Illinois State Police thereafter took over the investigation.
“The evidence from the Illinois State Police investigation indicates that it was most likely a medical episode (seizure) that caused the driver of the Jeep to veer off the road and into the YNOT building,” said a statement from Milhiser’s office.
It said toxicology tests conducted shortly after the crash were negative for drugs or alcohol and there is no evidence of an intentional act.
“Akers left work at her normal time and traveled a normal route home until her Jeep left the roadway and drove through a farm field striking the YNOT building. Results of the Illinois State Police Traffic Crash Reconstruction Report conclude that as the Jeep left the roadway and drove through the field, the Jeep maintained a speed between 38 and 40 miles per hour. During this time, Akers "applied 100 percent of the accelerator pedal, did not apply the brakes, and the Jeep's Stability Control was engaged," said the report.
It further states that, "An analysis of the event and the Jeep's Stability Control concluded that the vehicle remaining at a relatively constant speed was due to the Jeep's Stability Control being On and Engaged. This limited the Engine Throttle percent, thus limiting the wheel speed, and the vehicle's overall ground speed."
According to the report "after proceeding through the agricultural field, the Jeep gained speed and collided with the YNOT building at approximately 45 miles per hour."
Akers’ jeep drove through the building and struck approximately 10 children all located inside. She then exited the building, crossed a gravel road on the west side, and "proceeded toward a large wooden light pole. The Jeep collided with the wooden pole before coming to rest at a fence.
Other details include a witness at the scene who viewed the Jeep as it crossed the field prior to striking the YNOT building and indicated that he observed the driver of the Jeep slumped with arms extended and described that it was like "she was taking a nap," with her head hanging toward the steering wheel.
The report shows “the first two responders to the Jeep who pulled the driver out of the Jeep described her as unresponsive until they woke her and further indicated that she seemed disoriented and had no memory of what just happened. They described her as confused and that she didn't know where she was.”
The Illinois State Police medical director reviewed results from subsequent tests at the hospital. Akers showed "objective evidence of seizures," but there was no evidence to establish the cause of the seizures. At the time of the incident, Akers had a valid driver's license through the State of Illinois. After the incident, Akers' driving privileges were cancelled and they remain cancelled.
“To establish a criminal offense the State must prove beyond a reasonable doubt that the driver intended to drive her Jeep into the YNOT building, or willfully drove recklessly, or that the driver was under the influence of drugs or alcohol or a combination that caused her to leave the road and crash into the YNOT building, or that the driver was negligent or reckless in driving because of a known medical condition,” Milhiser said.
“There is no evidence to support an intentional or knowing act by the driver in this case. There is no evidence that the driver was driving under the influence of drugs or alcohol or a combination. There is no evidence to prove beyond a reasonable doubt that the driver acted recklessly or negligently in driving with a known medical condition, such as seizures," he added.
"Our hearts continue to break for the families impacted by this unimaginable tragedy. Thank you to the medical providers and law enforcement for their response and thorough investigation. We will continue to pray for the families and a community changed forever.”
The YNOT building has been repaired and reopened.
