PEORIA – A Stark County man has been cited for driving the wrong way on a divided highway in connection with the head-on collision in May that killed a Dunlap High School student.
Levi Dietz, 25, was scheduled to appear in court Tuesday for what is categorized as a petty offense, but Judge Katherine Legge moved his first appearance. A review of the case is scheduled for Oct. 1.
On the night of May 4, Dietz’s vehicle collided head-on with the car of 18-year-old Nevaeh Mitchell on Orange Prairie Road in Peoria. She was pronounced dead in the early hours of the next day.
Results of toxicology tests
The toxicology report for Dietz came back clean, according to the Peoria Police Department. That means drugs or alcohol were not detected in his system.
Mitchell also had a clean toxicology report, according to Peoria County Coroner Jamie Harwood.
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Peoria Police spokesperson Semone Roth said there is nothing left on the police end of the investigation now that Dietz’s toxicology report has been returned. There are no charges against Dietz aside from the traffic charge, Roth said. Dietz was hospitalized after the crash but was released on May 14.
Mitchell, of Princeville, was two weeks away from graduating from high school when she died. She was set to attend Loyola University Chicago and had earned a scholarship, according to her obituary.
‘Frustration is mounting’
Shaun Cusack, an attorney representing Mitchell’s family, said he expected the toxicology report for Dietz to come back negative and will be investigating other potential causes of the wreck.
“Preliminary toxicology reports are pretty accurate, so what we heard preliminarily is that it was negative, so we expected this,” Cusack said. “Now it’s looking into other causes of the accident. If alcohol wasn’t a factor, then we need to find out what was.”
Cusack said the release of investigative materials in this case has been far slower than usual for a death investigation. He said materials are usually available between two weeks and two months after a death. Mitchell was killed over three months ago.
“This has been way longer than any death case — and we’ve handled a ton of death cases — and we’ve never had to wait this long, so it’s kind of a ‘what gives’ situation,” Cusack said.
Cusack said Mitchell’s family is being patient but “frustration is mounting” with the delays in information coming out.
“They’re frustrated but they’ve got good heads on their shoulders and good support around them,” Cusack said. “They’re willing to be patient and they’ll wait this out. Their daughter is gone, so they’re in it for the long haul, but the long haul shouldn’t be this long in this case.”
This article originally appeared on Journal Star: Peoria police investigation ends with petty offense in deadly wreck
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