Charges Filed Stemming From Fatal Crash

By: Tim Schmidt
Posted 10/2/10

Second-degree murder charges have been filed against a Warrenton man in connection with a crash that killed his girlfriend and their unborn daughter. Kimberly Aubuchon, 19, was in her third trimester …

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Charges Filed Stemming From Fatal Crash

Posted

Second-degree murder charges have been filed against a Warrenton man in connection with a crash that killed his girlfriend and their unborn daughter. Kimberly Aubuchon, 19, was in her third trimester of pregnancy when she was a passenger in a pickup truck that smashed into another vehicle on westbound Interstate 70 May 17, 2009. Aubuchon was trapped inside the burning vehicle and was pronounced dead at the scene following the 6:15 p.m. crash. The driver of the pickup, 21-year-old Cody Schmitt, has been charged with two counts of second-degree murder, two counts of second-degree assault and one count of endangering the welfare of a child. Schmitt was taken into custody Feb. 3 and was arraigned on Monday. He continues to be held in the Warren County Jail in lieu of a $130,000 bail. His next court appearance is Feb. 22. Warren County Prosecutor Mike Wright was unwilling to speculate on whether the accident was caused by road rage or whether Schmitt and Aubuchon were arguing. "Based on the evidence and the investigation, his actions were criminal in nature," Wright said. "That is why these are the appropriate charges." Wright later added, "As a result of his actions two people died in that commission of a crime." An investigation conducted by the Missouri State Highway Patrol revealed that Schmitt allegedly slammed on the brakes and stopped the pickup suddenly in the left lane of I-70. The driver of an approaching Kia Sorrento swerved to the left to avoid hitting the truck and left the roadway. Schmitt continued in the passing lane when the Kia later drove alongside the pickup. According to police, Schmitt yanked the wheel to the right and collided with the Kia being driven by Chad Williams, 37, of Eldon. The impact caused both vehicles to travel off the north side of the highway and down an embankment. The truck overturned and caught fire. Schmitt and his 1-year-old son, Steve Schmitt, were rescued from the vehicle by Williams, according to the probable cause statement. Cody Schmitt was airlifted to St. John's Medical Center in Creve Coeur with serious injuries. Steve Schmitt, the 1-year-old son of Aubuchon and Cody Schmitt, sustained minor injuries and was transported to St. Joseph Hospital West. Neither Williams nor a passenger in his car were injured. Emergency responders were on the scene for hours as the patrol's reconstruction team investigated the crash. The fatal accident occurred about one mile west of the Stracks Church Road overpass. An autopsy revealed that Aubuchon and the unborn baby died as a result of the crash. The deceased baby was named Hailey Nicole Schmitt.


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