A DeKalb County judge on Monday ordered the release of the man accused of reckless homicide and aggravated driving under the influence causing death in connection with the crash that killed a DeKalb County sheriff's deputy, according to the Daily Chronicle newspaper.
Nathan P. Sweeney, 44, was apprehended following the death of Deputy Christina Musil on March 28. Sheriffs officials said Musil was sitting inside her vehicle, parked on the right shoulder of southbound Illinois Route 23, when a single-unit Kenworth truck ran off the roadway for unknown reasons and struck her vehicle from behind.
Musil was rushed to an area hospital with life-threatening injuries and later pronounced dead.
During the investigation following the collision, officers determined that Sweeney had been under the influence of drugs at the time of the crash, authorities said.
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At a court hearing packed with Musil's family and friends on Monday, 23rd Judicial Circuit Court Judge Marcy Buick cited Illinois' SAFE-T Act and what it requires to be considered when deciding whether to detain someone prior to a trial, the newspaper reported.
“Under the new law, all defendants are presumed to be eligible for pretrial release,” the judge said. “[...]We have all learned over the last six months that these hearings are complicated. ... Judges are required to uphold and apply the law.”
Sweeney was released from jail on Monday afternoon, according to the Illinois Sheriff's Association.
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"Obviously, we are very disappointed that Sweeney was released despite the Dekalb County States’ Attorney request to detain," the association said in a statement, in part.
The Daily Chronicle reported that Buick listed a multitude of conditions that Sweeney must abide by while on release, including not operating a motor vehicle throughout the proceedings and submitting to at least three random drug tests per week.
Prosecutors said blood tests, which allegedly showed multiple drugs were in Sweeney’s system at the time of the crash, prove he willingly got behind the wheel while under the influence, the newspaper reported. DeKalb County Assistant State's Attorney Scott Schwertley argued that any conditions Buick could set to ensure Sweeney cooperated with pretrial release would not be enough.
The pretrial fairness portion of the state's controversial SAFE-T Act took effect in September 2023 following months of legal challenges. The law allows judges to determine whether individuals accused of a specific set of felonies and violent misdemeanors pose a risk to another individual or the community at large.
The list includes so-called “forcible felonies," such as first- and second-degree murder, predatory criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, kidnapping, aggravated battery resulting in great bodily harm, or any other felony that involves the use or threat of physical violence.
Hate crimes, attempts of crimes that are detainable, animal torture and DUI causing great bodily harm were added to the list in a subsequent amendment to the legislation.
Under the measure, judges were also asked to determine whether a defendant poses a flight risk if released.
