Essex teenager facing vehicular homicide charges

ESSEX — An Essex teenager was arrested on two counts of motor vehicle homicide last week for her part in a November 2010 car accident that killed two children.

According to court records, Karli Jo Brown, 18, is accused of exceeding the speed limit (74 miles per hour in a 55 zone), passing in a no-passing zone, and texting.

She was driving a 2005 Nissan Altima at the time, and collided head-on with a 2001 Kia Spectra on Highway 48 south of Red Oak, Nov. 28, 2010.

Marie McNeese was driving the Spectra northbound on Highway 48, and her children, Alix Todd and Maliki Todd, were killed in the accident.

Both Brown and McNeese suffered serious injuries in the accident, and had to be lifeflighted to an Omaha hospital for treatment.

Because of the injuries to McNeese, Brown faces a third felony charge of serious injury by motor vehicle.

Montgomery County prosecuting attorney Bruce Swanson conceded speeding, texting while driving and passing in a no passing zone, singularly, does not constitute reckless driving.

“It is my contention, as a prosecutor, that the compilation of these three issues rises to the level of reckless driving,” he said. “I believe when you pile up enough violations, you are willfully threatening the safety and well being of others.”

The Iowa legislature enacted a law in July 2010 making it illegal to text while driving. However, Swanson said it is merely a misdemeanor that carries a small fine similar to a seat belt violation.

He also said he can find no case in the state where three separate violations such as these resulted in a reckless driving conviction.

“I feel three violations of this natures at the same time raises it above the neglicence level,” he said.

The vehicular homicide charges carry up to a 10-year sentence each, and a fine of $1,000-$10,000, and the third felony carries a maximum prison sentence of up to 5 years.

However, Swanson said those are simply the maximums, and that a judge could sentence Brown to just probation, if convicted.

“There is no guarantee she will go to the penitentiary,” he said. “The court has a lot of flexibility when it comes to sentencing on these charges.”

Brown, who was released after posting a $10,000 bond, is scheduled to appear in court Tuesday for a preliminary hearing.