Statements Tossed in Kane Reckless Homicide Case

Josh Stockinger

A Kane County judge Wednesday ruled to suppress statements a reckless homicide suspect made to police while receiving medical treatment following a one-car crash that killed his four passengers.

Fakir M. Jaffrie, 26, of Crystal Lake, was questioned about the Sept. 8, 2007, crash west of Huntley while still at the scene, when he arrived at the hospital and, later, while being treated in an intensive care unit, authorities said.

On Wednesday, Judge Patricia Piper Golden suppressed any statements Jaffrie made once he got to the hospital.

In her ruling, Golden noted that two Kane County deputies gave conflicting testimony on whether Jaffrie, who was on a morphine drip, maintained consciousness and was alert enough to answer questions voluntarily.

Prosecutor Clint Hull said Jaffrie had answered general questions about the cause of the crash and where the group was headed.

"He said he went off the road to avoid an obstruction," Hull said. "It's just one piece of evidence we had hoped to present. We can continue to go forward and will go forward without the statements."

The crash happened when a 2003 Infiniti G35 driven by Jaffrie hit a tree on Dietrich Road, between Brier Hill Road and Route 20. Four passengers, ages 18, 19, and 20, died.

Jaffrie was charged with reckless homicide and driving under the influence after blood tests revealed he had used marijuana, prosecutors said.

His attorney, David Camic, had sought to have all of his client's initial statements thrown out because Jaffrie was not read his Miranda rights and his responses were not recorded. But Golden said neither was necessary because Jaffrie was not yet a suspect and was not being held in police custody.

Jaffrie is due back in court Dec. 12.