JEFFERSON COUNTY, Mo. — A former Jefferson County sheriff's deputy accused of driving drunk in the crash that killed his wife has had his charges reduced after prosecutors said a new report revealed "reasonable doubt" he committed the offenses with which he was originally charged.
Colby McCreary is now charged with one misdemeanor count of driving while intoxicated, reduced from his original charges of one felony count of each driving while intoxicated resulting in the death of another and involuntary manslaughter.
On April 30, 2023, McCreary and his wife, Savannah, were driving on Interstate 55 near Festus in a Jeep Cherokee when they left the roadway, struck a rock embankment and overturned. Both were ejected, and the Jeep came to rest on its passenger side.
Both were transported to an area hospital, where Savannah was later pronounced dead.
A toxicology test performed at the hospital after he crash indicated Colby McCreary had a blood alcohol content of .17%. He was diagnosed with alcohol intoxication in addition to his injuries from the crash.
Jefferson County Prosecuting Attorney Tisha Stefanski said in a Friday statement that a crash reconstruction report from the Missouri State Highway Patrol included several findings:
- Neither Colby nor Savannah was wearing a seat belt.
- A passenger in a second vehicle that was traveling next to the McCrearys indicated Savannah had “put her butt in the window” as they passed the McCrearys' Jeep 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 Savannah’s actual weight, shows that she was not fully in her seat in the five seconds before the crash.
- The Jeep was traveling at 86 mph before the crash and was traveling at 74 mph at the time of impact, with the speed slowing 1.3 seconds before impact.
- The Jeep 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 Jeep to veer to the right. It's unclear what led to this turn of the steering wheel.
- The shift lever of the Jeep 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 Savannah, who was not wearing a seatbelt, 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 Jeep's rate of spinning then slowed as Colby appeared to counter-steer just before impact.
- The Jeep drove off the right side of the road, crossed a ditch, hit a small rock bluff, then overturned. The McCrearys were ejected. Savannah’s lower body was exposed.
- Once the abrupt steering occurred, it was not possible for Colby to regain control of the vehicle before it hit the bluff.
- There was no evidence of mechanical failure or roadway issues that contributed to the crash
The report incorporated evidence found at the scene, from witnesses and from the Jeep, including the device that records crash data.
"Ethically, prosecutors cannot pursue charges that they do not believe they can prove beyond a reasonable doubt," Stefanski said in a prepared statement.
"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," the statement said.
McCreary was off-duty at the time of the crash.