A teen submitted a written plea this week to two charges in a fatal drag racing crash that killed a 22-year-old Waterloo woman in 2023, but the prosecution asked the court not to accept them because they didn’t agree to it.
Assistant Johnson County Attorney Jeff Brunelle asked 6th Judicial District David Cox not to accept two written guilty pleas by Kesean Ford, 18, of Iowa City, for involuntary manslaughter and homicide by vehicle by drag racing because according to Iowa law, pleas to lesser included offenses aren’t allowed if the prosecution objects.
Brunelle said there are remaining charges of homicide by vehicle- reckless driving and homicide by vehicle- excessive speed over 25 mph, both Class C felonies, and no agreement was made to plead to only the Class D felonies.
Jeffrey Powell, Ford’s lawyer, argued there aren’t four charges, according to the amended trial information. There is involuntary manslaughter- aiding and abetting, and homicide by vehicle with three possible theories — reckless driving, drag racing and excess speed — of how the prosecution could prove the crime.
Powell agreed there wasn’t any plea offer by the prosecution and Ford pleaded guilty to both Class D felonies. He said there is no reason the court should reject the plea.
His client understands there would be a contested sentencing and he faces up to 10 years in prison, Powell said. Ford also understands he would have to pay victim restitution and his driver’s license would be revoked, according to his written plea.
Brunelle said the defense has been aware Ford was charged with two Class D and two Class C felonies. This an attempt for the defense to plead to lesser included offenses without an agreement from the prosecution.
Judge Cox said he will continue Ford’s trial, set for Oct. 8, for now, while he does some legal research on this issue. He will issue an order on the pleas in a few weeks.
Ford and Elijah Seals, also 18, of Iowa City, are charged with the offenses in the fatal crash that killed Jennifer Russell, 22, on May 27, 2023.
A criminal complaint stated Ford, driving a 2008 Saturn VUE, was speeding on E. Court Street at 10:45 p.m. He was driving next to a white 2012 GMC Acadia being driven by Seals, who also was speeding.
The VUE crashed into a gray 2017 Chevrolet Malibu, driven by Russell, at the intersection of E. Court Street and S. Seventh Avenue. The Malibu was then pushed into the Acadia, and Russell was killed in the crash.
Both teens were driving more than 25 mph over the speed limit, which is 25 mph, and both failed to stop at a stop sign, resulting in the crash, according to the complaint.
Russell’s parents filed a wrongful-death lawsuit last year, which was dismissed without prejudice in February by a judge because of a legal technicality. The petition was served to Seals, who was a minor, and not his parent or guardian, which is required by law.
Because the lawsuit was dismissed without prejudice, the Russells could refile it. There hasn’t been a new lawsuit filed at this time.
Trial for Seals remains set for Oct.8 at this time. Seals and Ford previously were going to be tried together.
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Assistant Johnson County Attorney Jeff Brunelle asked 6th Judicial District David Cox not to accept two written guilty pleas by Kesean Ford, 18, of Iowa City, for involuntary manslaughter and homicide by vehicle by drag racing because according to Iowa law, pleas to lesser included offenses aren’t allowed if the prosecution objects.
Brunelle said there are remaining charges of homicide by vehicle- reckless driving and homicide by vehicle- excessive speed over 25 mph, both Class C felonies, and no agreement was made to plead to only the Class D felonies.
Jeffrey Powell, Ford’s lawyer, argued there aren’t four charges, according to the amended trial information. There is involuntary manslaughter- aiding and abetting, and homicide by vehicle with three possible theories — reckless driving, drag racing and excess speed — of how the prosecution could prove the crime.
Powell agreed there wasn’t any plea offer by the prosecution and Ford pleaded guilty to both Class D felonies. He said there is no reason the court should reject the plea.
His client understands there would be a contested sentencing and he faces up to 10 years in prison, Powell said. Ford also understands he would have to pay victim restitution and his driver’s license would be revoked, according to his written plea.
Brunelle said the defense has been aware Ford was charged with two Class D and two Class C felonies. This an attempt for the defense to plead to lesser included offenses without an agreement from the prosecution.
Judge Cox said he will continue Ford’s trial, set for Oct. 8, for now, while he does some legal research on this issue. He will issue an order on the pleas in a few weeks.
Ford and Elijah Seals, also 18, of Iowa City, are charged with the offenses in the fatal crash that killed Jennifer Russell, 22, on May 27, 2023.
A criminal complaint stated Ford, driving a 2008 Saturn VUE, was speeding on E. Court Street at 10:45 p.m. He was driving next to a white 2012 GMC Acadia being driven by Seals, who also was speeding.
The VUE crashed into a gray 2017 Chevrolet Malibu, driven by Russell, at the intersection of E. Court Street and S. Seventh Avenue. The Malibu was then pushed into the Acadia, and Russell was killed in the crash.
Both teens were driving more than 25 mph over the speed limit, which is 25 mph, and both failed to stop at a stop sign, resulting in the crash, according to the complaint.
Russell’s parents filed a wrongful-death lawsuit last year, which was dismissed without prejudice in February by a judge because of a legal technicality. The petition was served to Seals, who was a minor, and not his parent or guardian, which is required by law.
Because the lawsuit was dismissed without prejudice, the Russells could refile it. There hasn’t been a new lawsuit filed at this time.
Trial for Seals remains set for Oct.8 at this time. Seals and Ford previously were going to be tried together.
Prosecution asks court to reject guilty pleas of teen charged in fatal drag racing crash
One of the teens charged in a fatal drag racing crash that killed a 22-year-old Waterloo woman, submitted written pleas to two charges, but the prosecution asked the court to reject the pleas because they didn’t agree to them.
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