MASON, Ohio (FOX19) - Defense lawyers for the driver charged in the wrong-way crash that killed a Mason family of three on St. Patrick’s Day 2019 want her blood and urine tests tossed, according to a court document.
Abby Michaels, 21, pleaded not guilty in September to six counts of murder, six counts of aggravated vehicular homicide and operating a motor vehicle while under the influence of drugs and/or alcohol.
She was behind the wheel of 2015 Kia Forte that hit and killed the Thompson family in their Toyota Camry on Interstate 75 near Dayton late on St. Patrick’s Day March 17, according to Moraine police.
The court document states her blood and urine samples were illegally collected.
“Because Defendant’s blood sample from the hospital was obtained outside of the time frame allowed by statute (3 hours), was not properly store (not refrigerated), and no sufficient chain of custody was maintained, the sample must be suppressed,” the document reads.
It goes on to say “The State cannot establish that the blood draw was requested from Defendant within two hours of operation of the vehicle and said samples were obtained within three hours of operation; in fact, the record clearly states just the opposite, thus all of the evidence obtained stems from Fourth Amendment violations and should be suppressed."
Timmy Thompson, 51, Karen Thompson, 50, and Tessa Thompson, 10, died in the crash in the southbound lanes between Dryden Road and South Dixie Avenue.
Michaels’ husband - who filed for divorce two days before the crash - said his wife called him at 8 p.m. that night asking to come over, police records show.
He told her no because she’d been drinking and she told him “I’m gonna kill myself,” the report states. She called him back and said “I’m going to drive backwards on 75,” and then did that minutes later.
Alcohol was a factor in the crash, police announced last year, but the prosecutor has since said it was deliberate.
Michaels is held at the Montgomery County Jail in lieu of $3 million bond.
Another court appearance is scheduled for Feb 28.