State and Defense in Agreement after Jerni Warner 402 Conference


State’s Attorney Runty and Defense Attorney Sullivan are in agreement with the sentence recommended by Judge Colby Hathaway after the 402(d) Conference for Jerni Warner on Friday, February 27, 2023.  The 402 Conference was held in Judge Hathaway’s chambers. The State and Defense presented their evidence and background information for Jerni Warner to Judge Hathaway and Judge Hathaway gave the sentence he would hand down at a Partially Negotiated Plea or if Ms. Warner were found guilty at a trial.  Judge Hathaway said both parties are in agreement with his recommendation and set a Status Hearing for April 3, 2023, at 11 AM.   Attorney Sullivan said he needed to speak with his client about the outcome of the 402 Conference and State’s Attorney Runty needs to speak with the family of the Victims

Attorney Sullivan requested counsel approach the bench to discuss issues regarding his client. Judge Hathaway told Mr. Sullivan that he needs to submit a Motion and hold a Motion Hearing to discuss his concerns and issues.

Warner is charged with two counts of Aggravated DUI/Death (Class 2 Felony) for the deaths of Garry and Leah Kelly on September 5, 2021.  Warner is accused of crossing the center line with her vehicle, striking head-on the motorcycle the Kelly’s were driving, causing the deaths of Garry and Leah Kelly.  An SUV, occupying two adults and five children, traveling behind the motorcycle was also allegedly struck by Ms. Warner’s car.  Lab tests were positive for alcohol and cocaine.

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