Accused driver in deadly Fillmore County buggy crash appears in court

2024-09-30 – ABC News at 5pm 5-530p M-F – 1

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(ABC 6 News) — The woman accused of ending the lives of two children, Samantha Jo Petersen, stood before a judge in Fillmore County to hear the 21 charges she is now facing.

Petersen faces eight felony counts of criminal vehicular homicide, eight counts of criminal vehicular operation, two counts of DWI, and counts of no proof of insurance, careless driving and speeding after allegedly crashing into a buggy full of children on Fillmore County Road 1 Sept. 25, 2023.

Related: Court case update, one year after fatal crash between vehicle and Amish buggy
Related: Petersen twins file motion to dismiss fatal CR 1 crash charges; documents explained

The day largely surrounded around defense challenges.

For example, one of the largest pieces of evidence being challenged by Petersen’s defense is a recording of the two sisters following the crash while in a squad car.

They say a deputy began recording the conversation with Sarah Petersen, who claimed to be the driver involved in the crash that day.

Authorities say Sarah can be heard talking about enforcement suspicions of the pair.

Fillmore County Attorney Brett Corson called Fillmore County Deputy Don Kullot to the stand to testify.

Deputy Kullot talked about responding to the crash and said a driver approached him as he was photographing the scene saying her name was Sarah and that she was the driver.

When Sarah approached Deputy Kullot, Samantha had been present as well. He talked about activating a pocket recorder and asked for a form of ID from Sarah Petersen. He said Sarah ran back to another vehicle that was parked across the road to get her ID. It was not the car that hit the buggy.

Deputy Kullot said he activated the pocket recorder in front of her, and they were originally face to face before he escorted her to his squad car and let her sit in the front passenger seat. He said they moved to the squad car for privacy purposes.

He then talked about picking up a notepad and put the recorder in the cupholder and the recorder was still on and had left the squad car to go talk to the captain to make sure they were in the same page for the investigation.

Deputy Kullot did not invite Samantha in the squad car. When he got out of the squad car, he did not stop the recording and had left the doors and the windows shut. He went to go talk to his captain and saw that Samantha had come over to the squad car and that the windows were rolled down.

When he returned to the squad car. Samantha had asked if Sarah was free to go, and the deputy told her no. Defense attorney Carson Heefner brought up that the deputy recorded conversation without consent.

Despite the challenge, Petersen’s attorney was mum on the details behind their challenge.

“I don;t really have any comment on that right now. It’s part of the defense strategy, so we’ll have to see how things go,” Heefner said.

Petersen’s defense will also be challenging warrants for both blood and urine — a requested test for methamphetamine — and the retrieval of Petersen’s phone.

Petersen’s next court date has not been set, but both sides are aiming for December.