Medical records received for man in fatal DUI crash
By Janet Lundquist firstname.lastname@example.org October 29, 2013 3:45PM
Andrew W. Henderson | Will County Sheriff's Office
Updated: December 1, 2013 8:26AM
A Will County judge decided Tuesday that prosecutors may look at some medical records for a man accused of driving while under the influence and causing a fatal accident near Plainfield in July 2012.
Andrew Henderson, 25, of Palos Park, faces six counts of aggravated DUI in the crash that left a Minooka man dead and four other people injured.
Initially ticketed for failure to reduce speed, Henderson was charged with the felonies four days after the crash.
Henderson’s attorney had said in court papers that prosecutors should not be able to subpoena Henderson’s medical records of services and testing he received the day of the crash at Adventist Bolingbrook Hospital, as he was not under arrest for DUI at the time and a blood test was not requested by police.
The July 14, 2012 crash killed Ronald Oswald, 57, of Minooka, who was riding a Harley Davidson motorcycle that afternoon on Route 126 near County Line Road.
State police said about 2:40 p.m. that day, Henderson’s Dodge Durango hit a Nissan Altima, which was stopped and waiting to turn left. The collision pushed the Altima into the eastbound lane and into Oswald’s motorcycle.
The driver of the Altima, Daniel Demartino, 30, of Plainfield, and three passengers were treated for injuries in the accident. One of the passengers sustained a fractured rib, punctured lung, and scarring on her foot, according to the indictment.
Although Henderson’s Durango rolled over, he sustained minor injuries and declined medical treatment. Police insisted he go to the hospital, so Henderson did. While he was there, he continued to insist his injuries were minor, according to his motion.
Henderson was not under arrest for DUI the day of the crash, he was not accompanied by a police officer when he went to the hospital, nor did an officer request a blood draw, the defense motion states.
However, hospital personnel treated his injuries, including drawing blood, prosecutors said.
A state trooper later found Henderson’s blood tested positive for opiates. A doctor also told the trooper that Henderson had “track marks” on his arm.
Prosecutors say at the time of the crash, Henderson was on probation for a Cook County case of possession of heroin.
Henderson remains in jail on a $75,000 bond.