Medical records for a man charged in a crash that killed a motorcyclist will be handed over to prosecutors, a Will County judge ruled on Tuesday.
Andrew Henderson, 25, of Palos Park, is charged with six counts of aggravated DUI after a July 2012 crash killed 57-year-old Ron Oswald of Minooka and injured a family of four on Route 126 near Plainfield. Police allege that Henderson was drunk at the time of the crash.
According to the Herald-News, Henderson's lawyer said prosecutors should not be able to subpoena Henderson's medical records from the day of the crash, arguing that he was not under arrest for DUI at that time and a blood request had not been requested by police.
Initially, Henderson was charged only with failure to reduce speed to avoid an accident in the crash.
According to police, Henderson’s Dodge Durango was traveling west on Route 126 at about 2:30 p.m. July 14, 2012, when it struck a Nissan Altima waiting to turn left onto County Line Road. The impact pushed the Altima into the eastbound lane, where it hit Oswald’s Harley-Davidson.
Oswald, a father of eight, was taken to Rush-Copley Hospital in Aurora, where he was pronounced dead. At the time of the crash, Oswald was on his way to a soldier sendoff with the Warriors Watch Riders. Known for his support of local servicemen and women and his efforts to educate the public on motorcycle safety, he was also a member of the Patriot Guard Riders and Will County ABATE (A Brotherhood Aimed Toward Education).
The 30-year-old driver of the Nissan and his wife and two small children, an infant and toddler, were taken to Silver Cross Hospital, police said.Henderson, whose SUV rolled over in the crash, was taken to Adventist Bolingbrook Hospital with minor injures. Because he was not under arrest, he was not accompanied to the hospital by police, nor did an officer request a blood draw, according to the Herald. However, his blood was drawn by hospital personnel when he was treated for injuries, according to prosecutors.
According to state police, Henderson's blood tested positive for opiates, and a doctor told police Henderson had track marks on his arm, the Herald-News reported. Click to read the full article.
Henderson was arrested July 18, 2012, four days after the fatal crash. He remains in custody at the Will County jail; his bond was set at $75,000.