Judge grants Sweeney, charged in DUI death of DeKalb County deputy, leave to travel

SYCAMORE – A DeKalb man accused of driving under the influence of drugs and causing a March crash that killed a sheriff’s deputy and mother of three was granted leave by a judge this month to travel for the birth of his grandchild.

The defense lawyer for Nathan P. Sweeney, 44, told Circuit Court Judge Marcy Buick in a July 16 hearing that Sweeney’s wife would be driving the pair to Iowa for the birth.

Sweeney is charged with three counts of DUI of drugs causing death and one count of reckless homicide, all Class 2 felonies, in the March 28 crash that killed DeKalb County Sheriff’s Deputy Christina Musil, 35, a five-year member of the department and a U.S. Army veteran. If convicted, Sweeney could face between three and 14 years in prison and fines of up to $25,000.

Attorney Scott Schwertley of the DeKalb County State’s Attorney’s Office told Buick that prosecutors are compiling evidence in anticipation of a jury trial, although no trial date has been set. Sweeney previously pleaded not guilty in April to the charges.

“We got some additional discovery, which we’ll send over to [the] defense counsel,” Schwertley said July 16. “We believe, or we’re hopeful, that should the court grant us one more date, we should be able to finish and complete discovery. I know [the defense] counsel was talking to me earlier about potentially looking into talking to some experts and things of that nature.”

Sweeney’s defense attorney, John Kopp, concurred.

“Yes, that’s correct, judge,” Kopp said before making a case for his client to be allowed to travel. “Your honor, I also would ask to address orally at this time an issue requesting travel. My client was made aware yesterday that his daughter is going to be induced.”

After asking who would be driving, Buick granted Sweeney 24 hours of travel time between July 19 and 20.

Sweeney has been free on release since Buick’s April 8 order, which includes strict conditions that prohibit him from driving or using drugs. He also is expected to undergo regular drug testing, according to the court order. Buick cited the Illinois Pretrial Fair Act, sometimes called the SAFE-T Act, in her spring ruling to release Sweeney.

The high-profile case and death of a deputy brought hundreds to DeKalb to mourn Musil in April.

Prosecutors have alleged that Sweeney got behind the wheel of a Kenworth truck knowing that he was under the influence of drugs the night of March 28. Sweeney’s truck rear-ended Musil’s squad car about 10:30 p.m. March 28 in Waterman, authorities have said. Musil had been on duty parked on the side of the road, according to Illinois State Police. She died from her injuries the morning of March 29.

Preliminary lab test results from the Illinois State Police forensics lab show that Sweeney had three drugs in his system at the time of the March crash, according to DeKalb County court records filed April 5: fentanyl, cocaine and morphine. State police collected blood and urine samples from Sweeney through a search warrant that night, court records show.

Sweeney is next ordered to appear for a status hearing on the state’s evidence gathering at 9 a.m. Sept. 5.