HILLSBORO — The Jefferson County Prosecuting Attorney’s Office announces that on January 5, 2024, the charges against Colby McCreary were amended to driving while intoxicated (Class B misdemeanor).
McCreary was originally charged with one count of driving while intoxicated resulting in the death of another (Class C felony) and one count of involuntary manslaughter (Class C felony). The case is being handled by Assistant Prosecuting Attorney Thomas Hollingsworth, Case Number 23JE-CR01542.
On April 30, 2023, Colby McCreary and his wife, Savannah, were involved in a single vehicle crash on Interstate 55 near Festus. The investigation was first conducted by the Festus Police Department, and then taken over by the Missouri State Highway Patrol.
Criminal charges were filed against Colby McCreary on June 6, 2023. Since the filing of charges, a full crash reconstruction report was completed by the Missouri State Highway Patrol.
The crash reconstruction report incorporates evidence obtained from the scene, from witnesses, and from the vehicle, including the event data recorder (EDR) inside the vehicle. That report included several findings:
• Neither person in the vehicle was wearing a seat belt.
• A passenger in a second vehicle that had been travelling with the McCreary vehicle indicated she had “put her butt in the window” as they passed the McCreary vehicle in the left lane just prior to the crash.
• Prior to the crash, the right front passenger seat’s occupant size classification registered as “child”, and given the Savannah McCreary’s actual weight, indicates that she was not fully in her seat in the five seconds before the crash.
• The vehicle was traveling at 86 miles per hour prior to the crash and was travelling at 74 miles per hour at the time of impact, with the speed slowing 1.3 seconds before impact.
• The vehicle was traveling straight down the highway until 1.8 seconds before impact, when the wheel was abruptly turned in a clockwise direction. This caused the vehicle to veer to the right. It is unknown what led to this turn of the steering wheel.
• The shift lever was in the “drive” position until 1.5 seconds before impact, when it was moved to the left, which occurred just after the steering wheel was abruptly turned. The abrupt turn of the steering wheel could have cause an unrestrained passenger to come into contact with the shifter, causing it to move to the left.
• Then, at 1.1 seconds before impact, the wheel was turned counterclockwise. The vehicle’s rate of spinning then slowed as the driver appeared to counter-steer just before impact.
• The vehicle drove off the right side of the road, crossed a ditch, impacted a small rock bluff, then overturned. Both occupants of the vehicle were ejected.
• Savannah’s lower body was exposed.
• Once the abrupt steering occurred, it was not possible for the driver to regain control of the vehicle before it impacted the bluff.
• There was no evidence of mechanical failure or roadway issues that contributed to the crash.
Ethically, Prosecutors cannot pursue charges that they do not believe they can prove beyond a reasonable doubt. Given the findings in the crash reconstruction report, we believe there is now a reasonable doubt as to whether Colby McCreary committed the offenses with which he was originally charged. Our office will continue to pursue the charges that are supported by the evidence.
Our thoughts are with Savannah McCreary and her family