Teen driver's defense files motion to waive court appearance ahead of trial for fatal car accident
A local high school basketball star and son of Iowa men’s basketball head coach Fran McCaffery has filed a motion to bypass a court appearance for a May 22 collision that killed a Cedar Rapids man.
Jonathan “Jack” McCaffery’s lawyer, Joseph Moreland of Iowa City, filed a motion Friday to appear in court on behalf of his client and excuse the 17-year-old basketball prospect from appearing in the Johnson County Courthouse on Aug. 29.
McCaffery was charged with failing to yield to a pedestrian in a crosswalk after allegedly striking a man with his vehicle, who later died from injuries sustained in the crash.
McCaffery was driving along Melrose Avenue near Kennedy Parkway, leaving West High after school on May 22 when he allegedly struck 45-year-old Corey J. Hite, a National Guard soldier a few weeks from retirement.
More: Teen driver cited in Iowa City traffic crash that led to death of Iowa National Guard soldier
The posted speed limit along Melrose is 35 miles per hour, though speeds can vary considerably along the road. It was not clear from court filings in the case thus far if any excess speed was involved in the crash.
Hite was “rushed to the hospital,” having suffered skull and pelvic fractures and punctures in his lungs and additional injuries as a result of the collision, according to a CaringBridge entry about Hite. A GoFundMe fundraiser set up for Hite and his family has raised nearly $9,000 since May 25.
Failure to yield to a pedestrian in a crosswalk is a simple misdemeanor, which allows McCaffery to waive his right to appear in court on the day of his trial, according to the filing by his attorney.
The judge had not yet granted the motion as of Monday.
Classes begin for students across the Iowa City Community School District on Wednesday. This includes West High School, where McCaffery will begin his senior year.
The non-jury trial is set to begin six days later at 1:30 p.m. Aug. 29.
McCaffery will be subject to a bench trial to determine the case's facts. A final decision will be made entirely by the judge. McCaffery pled not guilty, the only charge filed against him, in July.
The charge can be deemed as a "scheduled violation," a criminal act with a determined punishment. In this case, the scheduled violation for failure to yield comes with a fine of $135.
The judge can make also make a different ruling, though simple misdemeanors are only punishable by a maximum fine of $850 or 30 days in jail instead of or in addition to the fine, according to Iowa code.
McCaffery family expresses devastation, but accident was 'unavoidable'
The McCaffery family released a statement regarding the fatal accident on July 17, the same day police revealed the name of the driver who allegedly collided with Hite, contending that another driver along the four-lane road had waived Hite through.
“On May 22nd, just after leaving school, our 16-year-old son was the driver in a vehicle/pedestrian accident. Investigators have told us that it was an unavoidable accident with no evidence to suggest distracted driving. The pedestrian, who was jogging at the time of the accident, was waved in front of our son’s passing vehicle by the driver of another vehicle. The jogger, Sgt. First Class Corey Hite, passed away two weeks after the accident from the injuries he sustained.
"We are devastated by this tragedy. SFC Hite’s family has our deepest sympathies. While our family continues to process the events of the past weeks and help our son cope with this accident, we will have no further comment at this time.”
The McCafferys said the accident was "unavoidable" and that another driver had waved the victim through the crosswalk.
Fran and Margaret McCaffery had waited to comment out of respect for Hite's family and the Iowa City Police Department's investigation, according to their attorney, Joseph Moreland.
Police cited Jack McCaffery after consulting with the Johnson County Attorney's Office, according to the release from police.
Hite was a 27-year National Guardsman, husband and father
Hite passed away nearly two weeks after the accident. His funeral was held on June 12 in Cedar Rapids.
He was married to his wife for 22 years, and they had four children. Hite graduated from Marion High School and later obtained a bachelor’s degree in sociology as well as a master’s in education. He enjoyed jogging, bowling, video games, and reading, according to his memorial page.
Hite spent 27 years serving in the Iowa Army National Guard, “focusing on improving diversity, equal opportunity, inclusion, and harassment prevention,” according to the memorial page.
The Cedar Rapids-based nonprofit Salute to the Fallen Foundation also has raised money for Hite, according to a Facebook post.
Jack McCaffery is highly sought-after as top recruit in Iowa
Jack McCaffery, listed as a 6'8" forward, just completed his sophomore year at Iowa City West.
Jack McCaffery revealed last month he would like to play college basketball outside of Iowa City, his hometown. He is rated as a four-star recruit by ESPN, the 58th-best prospect in the Class of 2025 and the top talent in the state of Iowa.
McCaffery averaged 16 points, 7.4 rebounds and 3.9 blocks per game last season. The Trojans finished 12-11 overall, falling in the second round of the Class 4A playoffs to Ankeny Centennial.
No evidence to suggest upgraded charges despite death in case
Current court filings do not indicate any evidence suggesting distracted or reckless driving played a part in the incident.
More: Iowa State Fair attendance soars over 1.1 million in 2023, second biggest fair in 169 years
Authorities initially did not reveal either party involved, noting only that an accident resulting in "serious injuries" had occurred.
Iowa City police identified Hite as the pedestrian involved on June 5, a day after he died, but withheld information on the driver, citing an ongoing investigation.
Ryan Hansen covers local government and crime for the Press-Citizen. He can be reached at rhansen@press-citizen.com or on X, formerly known as Twitter, @ryanhansen01.
This article originally appeared on Iowa City Press-Citizen: Iowa City teen pleads not guilty in fatal accident as bench trial nears
