Petersen twins file motion to dismiss fatal CR 1 crash charges; documents explained
Samantha Petersen (left) and Sarah Petersen (right), photographed at the Fillmore County jail March 2024
(ABC 6 News) – Two women charged in a fatal crash with an Amish buggy filed motions to dismiss their respective charges.
Samantha Jo Petersen, of Kellogg, 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.
Four children — ages 7, 9, 11 and 13 — were in the buggy at the time. Seven-year-old Wilma Miller and 11-year-old Irma Miller died from their injuries while their siblings were seriously hurt.
Sarah Beth Peterson, Samantha Petersen’s twin, faces 16 felony charges, including four charges of taking responsibility for a criminal act, after allegedly switching places with her sister and telling law enforcement she crashed into the buggy.
Reasoning for Samantha Jo Petersen dismissal motion, explained
Attorney Carson Heefner, representing Samantha Jo Petersen, filed a motion Thursday to dismiss each of the 21 charges she faces, based largely on the alleged lack of probable cause to charge his defendant with the given crimes.
Probable cause means evidence that would lead a person of reasonable intelligence to believe that a crime has been committed.
In the May 16 filing, Heefner claims that counts 1-3, 5-7, 9-11, and 13-15, which all involve operating a motor vehicle under the influence of drugs or alcohol must be dismissed because the state lacks evidence to prove Samantha Petersen was driving while intoxicated, or that she was negligent on Sept. 25.
Counts 17 and 18, DWI charges, are not specifically referenced in Heefner’s motion.
Petersen’s charging documents claim that she told a fellow Hy-Vee employee that she had just killed two Amish people and was high on meth Sept. 25, but Fillmore County did not test her blood for drugs until the day following the crash.
Heefner further argues that counts 4, 8, 12, and 16 must be dismissed because Samantha Petersen only left the scene of the crash after investigating officers gave her permission to do so.
According to the twins’ charging documents, Fillmore County law enforcement believed that Sarah Beth Petersen was the driver of the suspect vehicle until after all parties left the scene.
Heefner claims the court lacks probable cause for charges 19-21 as well, which concern failure to prove insurance, careless driving, and speeding.
Heefner additionally claims that a crucial recording, wherein the Petersen twins discussed their alleged plan to switch places and deceive law enforcement, should be dismissed as neither woman had knowledge of or gave consent to the recording.
Minnesota is a one-party consent state, which means that any conversation can be recorded as long as one person in the conversation knows and consents. Heefner claims that as presumably neither Petersen twin knew about law enforcement’s recording device in a squad car, the statements recorded should be suppressed.
Heefner also argues that statements made by Samantha Jo Petersen, including things she allegedly said to witnesses of the crash, should be suppressed as the defendant was not Mirandized, and that warrants for Samantha Petersen’s phone records and blood lacked probable cause.
Reasoning for Sarah Beth Petersen dismissal motion, explained
On May 15, attorneys Daniel McIntosh and Thomas Braun, representing Sarah Beth Petersen, filed a similar motion to dismiss all charges.
The Complaint alleges that Ms. Petersen falsely reported information or lied to investigating officers. Although these allegations are disputed, even if these allegations were proven to be true, the charges
against Ms., Pedersen rely solely on her alleged verbal assertions, and since such
assertions are not within the strictly limited categories of speech that may be criminally
proscribed, the charges against Ms. Petersen must be dismissed,” the motion reads.
The attorneys further argue that MN State Statute §609.495, subd. 4(a) is inherently unconstitutional and should not be applied to Sarah Petersen.
The statute concerns aiding an offender in a crime, and states that a person who assumes responsibility for a crime in order to impede or prevent a criminal investigation may be sentenced to no more than half the maximum sentence or fine that could be levied against the actual offender.
McIntosh and Braun argue that each of Sarah Petersen’s charges must be dismissed based on probable cause, though they cited MN Statute 609.494, which concerns soliciting juveniles to commit crimes.
ABC 6 News reached out to Sarah Petersen’s attorneys and Fillmore County Attorney Brett Corson to determine whether MN Statute 609.494 was correctly cited in her motion to dismiss.
Daniel McIntosh stated Friday morning that the references to 609.494 were typos, and the attorneys would file a corrected motion referencing 609.495.
Sarah Petersen’s attorneys also moved to suppress Sarah Petersen’s statements to law enforcement on Sept. 25 and 26, as well as the recorded conversation between her and Samantha Jo Petersen.
Samantha Jo Petersen is scheduled to appear for an omnibus hearing Aug. 12, followed by Sarah Beth Petersen’s omnibus hearing Aug. 16.