Man Enters Alford Plea for Role in Crash

By Tim Schmidt, Record Editor
Posted 11/7/19

A Warrenton man has entered an Alford plea in a case stemming from a fiery fatal crash that killed his girlfriend and their unborn daughter. Cody Schmitt, 21, was the driver of a pickup that collided …

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Man Enters Alford Plea for Role in Crash

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A Warrenton man has entered an Alford plea in a case stemming from a fiery fatal crash that killed his girlfriend and their unborn daughter. Cody Schmitt, 21, was the driver of a pickup that collided with 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. During a Dec. 7 court appearance, Schmitt withdrew his not guilty plea. By entering an Alford plea, Schmitt does not admit guilt, but does admit that the prosecutor has enough evidence for conviction. Schmitt is charged with two counts of first-degree involuntary manslaughter, two counts of second-degree assault and one count of endangering the welfare of a child. 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. Cody Schmitt was initially charged with second-degree murder, but as part of a plea arrangement, the charges were amended to first-degree involuntary manslaughter. As part of a plea deal, Prosecutor Mike Wright said he is recommending Schmitt serve 10 years in prison. Schmitt will be sentenced on Jan. 4, 2011. A wrongful death lawsuit filed by Aubuchon’s father, David, against Cody Schmitt was settled in October, according to court records. 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 vehicle swerved to the left to avoid hitting the truck and left the roadway. Schmitt continued in the passing lane when the other vehicle later drove alongside the pickup. According to police, Schmitt yanked the wheel to the right and collided with the vehicle 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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