A December jury trial has been set for former Jefferson County Sheriff’s Office Deputy Colby McCreary, who pleaded not guilty to driving while intoxicated during a fatal one-vehicle crash on I-55 in Festus on April 30, 2023.
His wife, Savannah, died following the crash.
McCreary, 30, of De Soto originally was charged with one count of DWI resulting in the death of another and first-degree involuntary manslaughter, each one a class C felony punishable by three to 10 years in prison.
In January, however, the Jefferson County Prosecuting Attorney’s Office announced that it had amended the charges against McCreary, and he now instead faces a class B misdemeanor DWI charge that carries a penalty of up to six months in jail and a possible fine of up to $1,000.
As part of that announcement, Prosecuting Attorney Trisha Stefanski said after prosecutors received findings from a crash reconstruction report, they felt there was “a reasonable doubt as to whether Colby McCreary committed the offenses with which he was originally charged,” so the charges were reduced.
“Our office will continue to pursue the charges that are supported by the evidence,” she said.
During a March 28 hearing in the case, a jury trial was scheduled for Dec. 5 and Dec. 6 in front of Jefferson County Div. 12 Associate Circuit Judge Tony Manansala. Also on March 28, a hearing was set for Nov. 7 in Div. 12 to hear a motion to suppress.
Typically, a motion to suppress is filed to call into question a piece of evidence in an effort to prevent it from being used in a case.
Festus Police conducted the initial crash investigation, and then the Missouri State Highway Patrol took it over.
The original criminal charges were filed against Colby McCreary on June 6, 2023.
After that, the highway patrol completed a full crash reconstruction report, and according to the Prosecuting Attorney’s Office, that report showed the following:
■ Neither person in the vehicle was wearing a seat belt.
■ A passenger in a second vehicle that had been travelling near the McCreary vehicle indicated Savannah McCreary had “put her butt in the window” as they passed the McCreary vehicle just before the crash.
■ Prior to the crash, the right front passenger seat’s occupant size classification registered as “child,” and given Savannah McCreary’s actual weight, indicates she was not fully in her seat in the five seconds before the crash.
■ The vehicle was traveling at 86 mph prior to the crash and was travelling at 74 mph at the time of impact, with the speed slowing 1.3 seconds before impact.
■ The vehicle was traveling straight down the interstate 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 caused 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 ran off the right side of the road, crossed a ditch, ran into a small rock bluff, then overturned. Both occupants of the vehicle were ejected. Savannah McCreary’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.
According to previous reports, Colby McCreary was driving a 2015 Jeep Cherokee on southbound I-55 near the 177-mile marker at 1:05 a.m. April 30, and the vehicle ran off the right side of the road and hit a rock bluff, and the vehicle overturned, ejecting him and Savannah McCreary, who died at the hospital following the crash.
She was 28 and left behind two young children.
Colby McCreary was injured in the accident.
While the Missouri State Highway Patrol often handles accidents along the interstate, especially serious ones, Festus Police worked the crash involving the McCrearys.
More than a week after the crash, Festus Police Chief Doug Wendel asked the highway patrol to complete a follow-up investigation, Cpl. Dallas Thompson of the highway patrol said on May 17.
According to the report from that highway patrol investigation, a toxicology report showed McCreary’s blood-alcohol content was .17 percent, more than twice the legal limit in Missouri, which is .08 percent.
Based on a report from the hospital, where he was taken after the crash, he was diagnosed with alcohol intoxication, the highway patrol said in its report.
Colby McCreary is the son of De Soto Police Chief Jeff McCreary.