Fillmore County attorney argues against dismissal of drug charges in fatal Amish buggy crash
Samantha Petersen / Fillmore County Jail
(ABC 6 News) – The Fillmore County Attorney’s Office fired back after a motion to dismiss many charges against a woman accused of killing two children in a crash last year.
Samantha Jo 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.
In late October, Petersen’s representation filed a motion to dismiss various charges related to driving while intoxicated.
In a 22-page briefing publicly filed Oct. 19, Samantha Petersen’s attorney, Carson Heefner, argued at length that law enforcement has no evidence that his client was under the influence of methamphetamine or THC at the time of the crash, because law enforcement did not take Samantha Petersen’s blood for testing until a full day-and-a-half later.
“The Defendant consumed methamphetamine after the accident, and the record contains nothing to contradict this fact,” the briefing concluded.
On Nov. 4 and 5, the prosecution filed a 41-page briefing to refute Heefner’s arguments.
Corson first argues that when Sarah Petersen, Samantha Petersen’s twin, claimed to have been the driver who hit the buggy full of children, she saw an investigator turn on a voice recorder, place it between them, and leave it there when he briefly left the car where they spoke.
The recorder allegedly picked up a conversation between the twins, when they discussed switching places to confuse and mislead law enforcement.
“The defendant’s claim that the recording must be suppressed is fatally flawed for
several reasons,” Corson wrote. ” Both the defendant and her sister were at a crime scene. Both voluntarily approached Deputy Kullot who was dressed in his uniform, carrying a weapon, and performing his official duties. Both the defendant and Sarah volunteered to Kullot that Sarah was the driver. Both the defendant and Sarah heard him ask for identification and other investigatory information. Both the defendant
and Sarah saw Kullot remove the digital recorder from his vest pocket. Wouldn’t this series of events make the defendant realize that they were the subject of a criminal investigation and that any and all statements would be recorded?”
Evidence of intoxication
The argument that Samantha Petersen only consumed drugs after the fatal crash is unbelievable for several reasons, Corson claims.
Corson references an interview with Hy-Vee staff, where a manager told police Samantha Petersen had called and admitted to killing two children, then said she was high on meth.
The brief argues that the timing of Samantha Petersen’s call was such that she was likely still at or near the scene of the crash when she called Hy-Vee, as she stayed at the scene while law enforcement interviewed her twin.
Corson also mentions an alleged conversation between Sarah Petersen, Samantha’s twin, who allegedly spoke to the same Hy-Vee personnel the day after the crash.
In that conversation, Sarah allegedly said she needed to help Samantha get into
treatment and “she didn’t know defendant was as bad as she was.”
The briefing further alleged that “(Sarah) had five seconds to make a life-changing decision,” as she told the Hy-Vee staffer.
The briefing states this was likely the decision to help her sister with the crime she had allegedly just committed.
Corson also details several exchanges Samantha Petersen had over the phone with friends — one of which read “it’s fine I’m checking myself into treatment tomorrow, have a nice life, I really ****ed up.”
“Why go to treatment if you weren’t high when you killed the two Amish kids?” Corson’s briefing asks.
Another reads as follows:
“If the defendant was to testify at trial regarding post-driving consumption, it is not believable based on the false information she gave in this case regarding her identity,” Corson wrote.
Samantha Petersen’s next hearing had not been scheduled by Friday evening, Nov. 8.