Driver Receives 10 Years in Role in Fatal Crash

By Tim Schmidt, Record Editor
Posted 6/1/11

A Warrenton man who was the driver in a fiery crash that killed his girlfriend and their unborn daughter was sentenced to 10 years in prison for his role in the tragic accident. Cody Schmitt, 22, was …

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Driver Receives 10 Years in Role in Fatal Crash

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A Warrenton man who was the driver in a fiery crash that killed his girlfriend and their unborn daughter was sentenced to 10 years in prison for his role in the tragic accident. Cody Schmitt, 22, was sentenced Tuesday to five years on both felony counts of first-degree involuntary manslaughter by Circuit Judge Keith Sutherland. He also received a combined 15-year sentence for two felony counts of second-degree assault and one felony count of endangering the welfare of a child. Those will run concurrently to the 10-year sentence. Schmitt was the driver of a pickup that smashed into another vehicle on westbound Interstate 70 on May 17, 2009. Schmitt’s vehicle flipped and burst into flames, killing 19-year-old Kimberly Aubuchon, who was eight months pregnant at the time. He was originally charged with second-degree murder, but as part of a plea arrangement, the charges were amended to first-degree involuntary manslaughter.Last month, Schmitt withdrew his not guilty plea and entered an Alford plea. By doing so, Schmitt did not admit guilt, but did admit that the prosecutor had enough evidence for conviction. Aubuchon was trapped inside the burning vehicle and was pronounced dead at the scene following the 6:15 p.m. crash. An autopsy later revealed that Aubuchon and the unborn baby died as a result of the crash. Schmitt and another passenger, 1-year-old Steve Schmitt, were rescued from the vehicle by the other driver involved in the crash, authorities said. Cody Schmitt was airlifted to St. John’s Mercy Medical Center in Creve Coeur with serious injuries. Steve Schmitt, the son of Aubuchon and Schmitt, sustained minor injuries and was transported to St. Joseph Hospital West. Aubuchon’s family declined to comment following Tuesday’s hearing. A wrongful death lawsuit filed by Aubuchon’s father, David, against Cody Schmitt was settled in October, according to court records. It has yet to be determined officially whether the accident was caused by road rage or whether Cody Schmitt and Aubuchon were arguing. 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. Neither Williams nor a passenger in his car were injured. The fatal accident occurred about one mile west of the Stracks Church Road overpass.


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