Jerni Warner, 19, Kewanee, is charged with two counts of Aggravated DUI in the deaths of Garry and Leah Kelly of Moline. [Aquired photo]
In Henry County Circuit Court Monday, Judge Colby Hathaway denied a motion that would have allowed Jerni Warner a furlough to attend her paternal grandmother’s funeral.
Warner, 19, is being held in the Henry County Jail on two counts of Aggravated DUI and was expected to take an open plea at the hearing but instead, the judge announced that a fully negotiated plea deal had been reached between the parties and that a hearing date of July 6 had been agreed upon.
Warner is accused of being under the influence of both alcohol and cocaine when she was operating a vehicle that killed a Moline couple, Garry and Leah Kelly, both 42, over Labor Day weekend in 2021. Warner’s vehicle reportedly crossed over the centerline and struck a motorcycle operated by Garry Kelly. Leah Kelly was a passenger on the motorcycle. The Kellys were pronounced dead at the scene.
In his arguments for the funeral furlough, Warner’s attorney, Kevin Sullivan, told the court that Warner was very close to her grandmother and asked that the defendant be allowed release at 8:30 a.m. Thursday morning, until 3 p.m. In order to maintain her dignity, Sullivan asked that Warner be allowed to be in the custody of her parents and her family in order to pay her respects to her grandmother.
It’s obviously not planned, Sullivan said, telling the judge that the Illinois Department of Corrections provides for similar circumstances.
Henry County State’s Attorney Catherine Runty told the Court that the Kelly family was sympathetic to the loss, and noted that they had suffered a loss of their own. Still, Runty said she objected to the release.
“The State has a very real concern” she said, both because of the significant penalties that will come with the plea deal and a potential flight risk.
Runty also said that the transport team, which could transport Warner to the funeral yet allow her to remain in custody, was overbooked for Thursday.
While the Court could require other conditions to her bail, such as alcohol and drug testing upon return, and an ankle monitor, Runty still said she couldn’t support the furlough.
Judge Hathaway said he was unable to come up with a group of conditions that would allow him to be comfortable to release Warner on a furlough. Even if the Sheriff’s Department could provide some sort of transport, there would be a cost associated with that transfer.
“The motion for furlough will be denied,” he said.
The plea hearing is set for July 6 at the Henry County Courthouse.
