The cost to Illinois taxpayers for state trooper Matt Mitchell's reckless crash on Interstate 64 moved close to $9 million this week as the last claim was settled involving the fiery collision that killed two teens and injured a woman and her husband.
The couple, Kelly and Christine Marler, of Fayetteville, were awarded $700,000 in a decision made Monday and announced Tuesday by the Illinois Court of Claims.
The family of the teens, Jessica Uhl, 18, and Kelli Uhl, 13, was awarded $8 million Jan. 20 in the largest award ever granted by the special court that hears civil lawsuits against the state.
Mitchell was driving full throttle, at 126 mph, and sending and receiving e-mails just 2.5 seconds before the impact on I-64 near Illinois Route 158 about noon Nov. 23, 2007, according to investigators. He also had been talking on his cell phone with his girlfriend moments before, while responding to a wreck where other help had already arrived.
His squad car crossed the median, drove through the Uhls' car and into the Marlers' SUV. Mitchell eventually pleaded guilty of reckless homicide.
The Uhl sisters had been headed home to their mother's house in Collinsville after a photo session at their father's home in Mascoutah on the day after Thanksgiving.
The Marlers were driving to Fairview Heights for prenatal vitamins for Christine, who was eight months pregnant. She later delivered a healthy child. The couple's two children, in the back seat, were not injured.
The Court of Claims ordered payment of $550,000 to Christine Marler and $150,000 to her husband.
Due to her pregnancy, Christine Marler had to endure surgery for a seriously injured knee without pain medication or anesthesia. "Her delivery was done with her leg immobilized," the court's judgment said. "She could not care for her young baby. She underwent 56 painful physical therapy sessions. She has arthritis that will worsen over time." Kelly Marler had a wrist injury. The Marlers' lawyer, Troy Walton, said, "Our belief is that it was a fair and just result." He said the state had tried to settle the claim for a little less than $200,000.
Former Illinois State Police Director Larry Trent testified in the Uhl case that Mitchell's actions were "indefensible."
Mitchell was sentenced to 30 months on probation in exchange for his reckless homicide plea. Three days later, he testified in the Uhl civil case that he had lied in pleading guilty because he didn't think he could get a fair trial.
Mitchell, who could not be reached for comment Tuesday, said another car cut him off before he lost control. No witnesses supported that story and a dashboard video camera in his car was not on.
He also claimed he had finished the cell phone call before the crash. Evidence in the Uhl civil claim hearing last year said the wreck was reported to 911 just 36 seconds after cell phone records showed his call was terminated.
Mitchell, now 33, was earning about $67,000 a year while he was on paid administrative leave before resigning in 2010 after his plea. His claim for workers' compensation for his own crash was denied. Prompted by his case, Illinois passed a law barring consideration of such claims by employees injured while committing a crime.
Mitchell's financial toll on the state, however, started long before 2007. He had been in two previous crashes: a no-injury incident in 2002, and a wreck in 2003 that led to a $1.7 million judgment against the state.
Read more: http://www.stltoday.com/news/local/illinois/st-clair-county-couple-to-get-in-damages-for-illinois/article_5b5c7fb2-2b3a-11e1-a6b6-0019bb30f31a.html#ixzz1hBiehgd1
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