(ABC 6 News) – The Fillmore County Prosecutor’s Office has dismissed after a motion to dismiss numerous charges against a woman accused of killing two children in a hit-and-run accident last year.

Samantha Jo Petersen faces off eight counts of vehicular manslaughter, eight counts of criminal vehicular operation, two counts of DWI and counts of no proof of insurance, careless driving and speeding after allegedly crashing into a stroller full of children on Fillmore County Road 1 on September 25, 2023.

In late October, Petersen’s representation filed a motion to dismiss various drunken driving charges.

RELATED: Petersen twin accused of killing children in CR 1 crash disputes DUI evidence – ABC 6 News – kaaltv.com

In a 22-page brief filed publicly on Oct. 19, Samantha Petersen’s attorney, Carson Heefner, argued at length that law enforcement has no evidence that his client was under the influence of methamphetamine or THC at the time of the crash because law enforcement of order they did it. don’t take Samantha Petersen’s blood for testing until a day and a half later.

“The defendant consumed methamphetamine after the accident, and the file contains nothing to contradict this fact,” the information concluded.

On November 4 and 5, the prosecution filed a 41-page brief to rebut Heefner’s arguments.

Corson first claims that when Sarah Petersen, Samantha Petersen’s twin, claimed to be the driver who hit the stroller full of children, she saw an investigator turn on a tape recorder, place it between them, and leave her there when he left for a short time. the car where they were talking.

The recorder allegedly picked up a conversation between the twins, when they discussed changing places to confuse and mislead law enforcement.

“Defendant’s claim that the recording should be suppressed is fatally flawed
several reasons,” Corson wrote. ” Both the defendant and her sister were at the crime scene. Both willingly approached Deputy Kullot, who was in uniform, carrying a gun and performing his official duties. Both defendant and Sarah volunteered to Kullot that Sarah was the driver. Both the defendant and Sarah heard him ask for identification and other investigative information. Both the defendant
and Sarah saw Kullot take the digital recorder out of his vest pocket. Wouldn’t this series of events make the defendant aware that they were the subject of a criminal investigation and that all statements would be recorded?”

Evidence of intoxication

The argument that Samantha Petersen used drugs only after the fatal accident is implausible for several reasons, Corson argues.

Corson references an interview with Hy-Vee staff in which a manager told police that Samantha Petersen called and admitted to killing two children, then said she had used meth.

The summary alleges that the timing of Samantha Petersen’s call was such that she was likely still at or near the scene of the accident when she called Hy-Vee because she remained at the scene while law enforcement they interviewed the twin.

Corson also mentions an alleged conversation between Sarah Petersen, Samantha’s twin, who allegedly spoke with the same Hy-Vee staff the day after the accident.

In that conversation, Sarah allegedly said she had to help Samantha inside
treatment and “she didn’t know the defendant was as bad as she was.”

The briefing also claimed that “(Sarah) had five seconds to make a life-changing decision,” as she told the Hy-Vee employee.

The briefing states that this was likely a decision to help his sister with the crime she allegedly just committed.

Corson also details several phone calls Samantha Petersen had with friends — one of which read “good thing I’m checking in tomorrow to go to treatment, have a nice life, I was really wrong.”

“Why go to treatment if you weren’t high when you killed those two Amish kids?” Corson’s briefing asks.

Another reads as follows:

“If the defendant were to testify at trial regarding the post-driving use, it is not credible based on the false information she gave in this case regarding her identity,” Corson wrote.

Samantha Petersen’s next hearing had not been scheduled until Friday evening, November 8.