Plea deal derailed in Geneva deliberate crash

A plea agreement for a man accused of trying to kill himself by driving into oncoming traffic was withdrawn Thursday, over the issue of whether the man would have to pay restitution to the victim.

The Kane County state’s attorney’s office had agreed to amend the charge against George Smith, 81, from aggravated battery with a deadly weapon and aggravated battery causing great bodily harm to aggravated reckless driving.

When Assistant State’s Attorney Deb Bree presented the agreement to Judge Allen Anderson Thursday, Anderson asked Bree if she intended to give up the right to restitution. According to his reading of the law, restitution may not be allowed on this charge.

The hearing was postponed while Bree researched the law. When she returned Bree confirmed there may be a conflict between that law and the Illinois Crime Victims Bill of Rights, which says a crime victim can receive restitution. She then withdrew the plea agreement.

The matter was continued until May 20, while Bree and defense attorney Matthew Johnson research the matter further.

Mark Rein, 46, of St. Charles, is suing Smith. Rein suffered a broken hip, bleeding on the brain and head trauma from the crash, according to the suit.

Smith, of St. Charles, is accused of driving his car into oncoming traffic, causing a three-car crash at State Street and Maple Lane in Geneva Aug. 6, 2010. According to court documents, he told police he was angry his wife had obtained an order of protection against him, and wanted to kill himself and hurt someone else in the process. The wife had obtained the order in July 2010, stating that Smith had given her a double dose of medication containing codeine. Her sister, who lives in Geneva, also obtained an order of protection after being threatened.

According to court documents presented at a hearing on his fitness to stand trial, Smith has several illnesses, including multiple personality disorder.