A motion to dismiss charges against a man involved in a 2015 Lindenhurst crash that killed a 15-year-old high school student and her father was denied Thursday in Lake County Circuit Court.
The motion, filed on behalf of Christopher Romano, of an unincorporated area near Zion, argued that Romano had not acted recklessly and that the crash was a tragic accident.
Judge Victoria Rossetti denied the motion following a brief hearing with minimal arguments. Prosecutors and defense attorneys had filed briefs on the motion with Rossetti prior to the hearing.
The Aug. 29, 2015, crash killed Haylie Winiewicz, a Grayslake North High School student, and her father, 50-year-old Christopher Winiewicz, both of Lindenhurst.
Romano, 33, has pleaded not guilty to three counts of reckless homicide and one count of aggravated reckless driving resulting in bodily harm.
Defense attorney Jed Stone had previously said that the Lake County grand jury that indicted Romano heard nothing that fits the definition of reckless driving.
Stone said in court Thursday that Romano legally entered the intersection of Route 45 and Grand Avenue on a yellow light and that the other car “turned in front of him, period.”
Stone said that to justify charges of reckless homicide, the state must show his client acted in a willful and wanton fashion. He said there was no evidence of that in terms of Romano’s behavior and that tests showed he was neither intoxicated nor impaired.
Assistant State’s Attorney Lauren Walker responded that the grand jury had been provided with enough evidence to support the charges, which can include “a state of mind of recklessness.” She said the speed at which Romano was allegedly driving could be one such factor.
Rossetti, in denying the motion, said prosecutors did not have to prove the case to the grand jury, but they needed to show there was enough evidence to support charges. Rossetti noted that an accident reconstruction investigation concluded that Romano was driving between 61 and 66 miles an hour when he entered the intersection.
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The posted speed limit on Route 45 in both directions approaching Grand Avenue is 45 miles an hour.
Rossetti said witness statements regarding Romano’s driving before and at the time of the crash could also be considered potential evidence.
Romano is scheduled for trial May 1. At the conclusion of Thursday’s hearing, a status date of April 28 was set for the case.
According to Lindenhurst police, a Nissan driven by Romano was traveling north on Route 45 when it struck a Kia, driven by Haylie Winiewicz’s sister, a minor who was not cited in the crash, as the Kia was turning left onto Grand from southbound Route 45.
The Kia then crashed into a pole on the northeast corner of the intersection, police said.
Autopsies determined the cause of death for both Haylie and Christopher Winiewicz was multiple traumatic injuries due to a motor vehicle collision, according to the Lake County coroner’s office.
The double fatality led to an outpouring of grief from the community and local high school students, with hundreds attending a wake in Gurnee for the father and daughter.
Mourners also filled St. Patrick Church in Wadsworth at a funeral for the two.
Romano, who was not indicted on the charges until June 2016, is free from custody on a $10,000 bond after bail was set at $100,000.
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