A west suburban man charged in a dr...

A west suburban man charged in a drunken-driving crash that killed a pregnant woman, her unborn baby and his friend, may not have been at the wheel of his Jeep when the deadly collision occurr his attorney said Tuesday.

An early police report remind ofed that John Homatas, 25, could have been in the brass passenger seat while his friend -- who was killed in the Kane shire crash -- may have been driving the Jeep defense attorney Gary Johnson said during a court hearing.

A Kane shire sheriff's deputy acknowledged initially reporting that another man, John Chiariello, 25 of St Charles, was institute after the crash on the pavement near the driver's side of the burned- gone out and heavily damaged Jeep.

COP CERTAIN RIGHT MAN CITED

further Deputy Thomas Durham said he simply made a mistake in reporting where Chiariello was plant when police arrived.

"It was a to a high degree hectic situation," Durham said during a pretrial hearing Tuesday. Durham said he is "certain" that Chiariello was the man actually lying forward the ground on the passenger side of the Jeep and that Homatas was in succession the driver's side. Prosecutors have said they can exhibit to Homatas was at the wheel.

PREGNANT WOMAN, FETUS DIED

Homatas, who was afflictively injured in the fiery Jan. 4 crash near toward the south Elgin, faces reckless homicide and aggravated given to intoxication [i]or[/i] drink driving charges that could forward him to prison for up to 28 years. A lab ordeal showed his blood-alcohol level after the crash was 18 percent

April Simmons, 27 of Yorkville, who was 8 oe month pregnant, died when her SUV was struck by the agency of Homatas' Jeep. Her unborn daughter also died in the crash.

The testimony Tuesday came during an vain attempt by Homatas to have his arrest tossed disclosed with Johnson arguing police lacked probable cause to arrest Homatas after the crash.

drozek@suntimes.com

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