The Kewanee woman charged with the drunk-driving deaths of Moline couple, Garry and Leah Kelly, over Labor Day weekend in 2021, has reached an agreement with the State and the victims’ families. A fully-negotiated plea for Jerni Warner is scheduled for July 6, 2023, at 1 PM. The plea hearing is scheduled for two hours to allow time for victim impact statements and statements on behalf of the defendant. The hearing was originally scheduled for Monday, May 8th, then became a hearing for a Furlough Request to allow Ms. Warner to be released to the custody of her parents for the funeral of her paternal grandmother this Thursday, May 11th.
Attorney Sullivan used the Illinois Department of Corrections (IDOC) statute regarding furlough as an argument in favor of the furlough. However, Judge Colby Hathaway said that because this case is in the pre-trial phase the IDOC statute doesn’t apply. According to Attorney Kevin Sullivan, if the furlough were given, Jerni’s mother would pick her up from the Henry County Jail around 8 AM and return her to custody at 3 PM. State’s Attorney Runty said she understands this is tremendous loss to Ms. Warner but the state has a significant concern releasing Ms. Warner to her parents. State’s Attorney Runty said Ms. Warner is facing “a significant sentence to the Illinois Department of Corrections “.
The State Attorney’s Office attempted to arrange transport to the Funeral by the Henry County Sheriff’s Office, but the transport Deputies are overbooked and can’t transport Ms. Warner on May 11th. State’s Attorney Runty then reminded the court that there has been no documentation as to Ms. Warners whereabouts following the accident, when her parents testified that she was in a Mental Health Facility In Springfield. This lack of documentation creates concern that Jerni’s parents could not confidently assert that they would be able to account for her whereabouts if she received a furlough. State’s Attorney Runty mentioned possibly modifying bond conditions, such as electronic monitoring, drug and alcohol testing upon return to the jail and surrendering her passport.
Defense Attorney Sullivan said the defendant does not object to the bond conditions mentioned by the State. Mr. Sullivan said Ms. Warner is very close to her paternal grandmother and wanted to attend the funeral with her family and thus would not break any rules or laws while out of physical custody.
Judge Colby Hathaway said the court has the authority to modify bond conditions but must take into consideration the defendant’s ability to follow the rules and the court’s ability to protect the public. Judge Hathaway stated that he was not confident that the court could put conditions in place at this time to allow Ms. Warner to be released on a Furlough. Judge Hathaway said he would need assurances from Sheriff Verscheure regarding a transport and Ms. Warner would be required to cover all costs associated with a transport but without those conditions in place, Judge Hathaway Denied the Motion for Furlough.
Warner is charged with two counts of Aggravated DUI/Accident/Death (Class 2 Felony).
