Judge mulls motorist's fate in fatal St. Charles crash

After finishing his shift at a St. Charles car dealership, Eric Townsend said he safely turned left onto bustling North Avenue to head home.

Seconds later, the apprentice mechanic said he saw in his rearview mirror two motorists violently collide.

"I did not stop," the 25-year-old Wheeling man said. "I did not report it because I was not involved in the accident. I didn't feel I had anything to offer."

His testimony came Thursday in a DuPage County trial that highlights the responsibility motorists face even if their car is not struck.

Townsend faces probation or three to 14 years in prison if he is convicted of leaving the scene of a fatality. The married father of a 17-month-old son opted to have DuPage Circuit Judge Kathryn Creswell, rather than a jury, reach a verdict.

The judge said she will announce her decision Monday.

The two-car crash occurred about 5 p.m. Jan. 8, 2007, near Oak Road and North Avenue, also known as Main Street, between the DuPage Airport and Pheasant Run Resort, in St. Charles.

Prosecutors said an impatient Townsend turned left in his silver Pontiac Sunfire from Oak Road onto eastbound North Avenue, causing a motorist to swerve his van into a westbound lane.

That driver, Jason Johnson, 30, of St. Charles, said he had about one-half second to react when cut off but he thought he could make it safely across westbound lanes onto a grassy area on the other side of the road.

Instead, his van struck a black Chevy Tahoe, leaving Timothy Lambert, 41, of St. Charles pinned behind the wheel. Lambert - a husband, father and chemist who grew up in West Chicago - was killed. Several family members, including Christina, his wife of 14 years, filled the courtroom gallery. Defense attorney Neil Cohen said what is at issue is whether Townsend knew he played a role in the crash. He said the law defines involvement as being connected to an accident in a substantial manner and knowing so before leaving.

Cohen questioned Johnson's credibility because he tested positive for marijuana. Johnson, who pleaded guilty last year to driving under the influence of drugs, said he smoked the night before the crash but felt fine while driving.

Townsend denied cutting off Johnson. He said Johnson's van was about one-quarter mile away when he started to turn, but that Johnson sped up afterward.

Prosecutors Brian Perkins and Anne Therieau argued his testimony belies common sense. Why else would Johnson swerve and try to cut across two lanes of oncoming traffic?

"All the defendant had to do was stop," Therieau said. "Why didn't he? Because he was too busy. He was worried about missing work and losing money. This law is designed to stop such selfish behavior from drivers on our roads."

One of the defendant's co-workers led police to him several days later. Police said he admitted cutting off Johnson - but Townsend testified he only did so when the detective posed hypothetical questions.