Prosecutors gather evidence for trial of DeKalb man charged in fatal DUI crash that killed deputy

SYCAMORE – DeKalb County prosecutors this week told a judge they’re compiling evidence ahead of a potential jury trial for the DeKalb man charged with driving under the influence of drugs and causing a crash that killed DeKalb County Sheriff’s Deputy Christina Musil.

Nathan P. Sweeney, 44, returned to court this week as he faces three counts of DUI of drugs causing death and one count of reckless homicide, all Class 2 felonies in the March 28 crash in Waterman. If convicted, he could face between three to 14 years in prison and fines up to $25,000. Sweeney pleaded not guilty April 22.

Lead prosecutor Scott Schwertley of the DeKalb County State’s Attorney’s Office said during a Thursday hearing that prosecutors expect evidence gathering to be completed and turned over to the defense counsel, lawyer John Kopp, by Sweeney’s next court date at 9 a.m. July 16.

“I tendered quite a bit of discovery to Mr. Kopp this week,” Schwertley said. “We’ll still be looking, investigating to make sure we have all the discovery, but we think that should be completed hopefully by the next court date.”

Sweeney has been free on release since April 8 and remains under strict conditions ordered by Circuit Court Judge Marcy Buick that prohibit him from driving or consuming drugs, and require regular drug testing. His driver’s license also was revoked.

Musil, 35, a mother of three young children, was on duty the night of the crash, according to court records. A military veteran who served in Afghanistan, Musil was five years into a career with the DeKalb County Sheriff’s Office.

[ DeKalb man pleads not guilty to causing DUI crash that killed sheriff’s deputy ]

Prosecutors allege Sweeney knowingly got behind the wheel of a commercial truck while under the influence of drugs and rear-ended Musil’s police vehicle while she was inside it. Court records allege that Sweeney’s truck struck Musil’s squad car while it was parked on the shoulder less than a mile south of the intersection of Perry Road and Route 23. The police vehicle was well lit at the time of the crash, according to the Illinois State Police. Scott’s Law in Illinois requires drivers to slow down and move over if they see an emergency vehicle with its lights on parked on the shoulder or side of the roadway.

Buick this week also granted Shaw Local News Network’s request for extended media coverage – filed in court by the Daily Chronicle April 19 – which allows the press increased access to the court proceedings throughout the length of the case.

Buick’s order was in spite of Kopp’s objection, filed earlier this month. Kopp had argued that allowing cameras into Sweeney’s court hearings could jeopardize his client’s ability for a fair trial, according to court filings.

“This case has already received extensive media attention,” Kopp told Buick Thursday. “My concern moving forward is that if my client proceeds to a trial there would be potential issues of witness appearances, if we were to call any witnesses that may have fear to come into court, out of fear of their own judgment. And further, if a jury were sitting in the courtroom hearing the facts and the evidence in the case with cameras and reporters that they may feel distracted or influenced by such a public display.”

Buick in response said that DeKalb County jurors are vetted before being picked for trial, asked what they know about the case before being chosen and where they got their information from, and instructed throughout to use only evidence presented in the courtroom for their deliberations before any verdict.

“Ultimately they [jurors] will be asked the question ‘Regardless of what you may have heard or read, can you be a fair and impartial juror in this case?’ So that is always a concern,” Buick said. “And of course, in DeKalb County, we have had any number of jury trials which involve facts that are of concern and we have managed to have fair trials in those cases. And certainly, there is the notion that we want our trial proceedings to be open to the public for maintaining public trust and confidence in the judicial system, we want to promote public access to the judicial system.”