Teen cited in fatal Iowa City crash won’t have to attend his trial

IOWA CITY — A judge on Wednesday granted a North Liberty teen’s motion to waive his appearance at his trial next week for a traffic violation in the May 22 crash that resulted in the death of an Iowa National Guard soldier.

Jonathan J.F. McCaffery, 17, waived his right to appear during the bench — or non-jury — trial, which is allowed for a simple misdemeanor. He previously pleaded not guilty to failure to yield to a pedestrian in the right of way, according to court documents.

McCaffery will appear at trial next Tuesday through his attorney, Joseph Moreland of Iowa City, according to the motion filed last week.

Assistant Johnson County Attorney Jacob Behnke said he would not resist the motion if the defense stipulates that McCaffery was the driver of the vehicle because the prosecution must prove beyond a reasonable doubt that the teen was driving the vehicle in the May 22 crash.

Sixth Judicial District Magistrate Mark Neary granted the motion Wednesday, as long as McCaffery’s attorney appears on his behalf and stipulates McCaffery was the driver.

Iowa law allows an enhancement for the misdemeanor when it results in a death, which includes a $1,000 fine, a driver's license suspension of up to 180 days or both, police said.

McCaffery was cited in July for the traffic violation stemming from the incident at Melrose Avenue and Kennedy Parkway in Iowa City. He was driving a 2022 Hyundai Santa Fe that struck Corey Hite, 45, of Cedar Rapids, who was out for a jog about 4:16 p.m. May 22.

Hite was three weeks from retirement with the Iowa National Guard when he died June 4, nearly two weeks after the crash.

McCaffery, who was 16 at the time of the crash, goes by the name Jack and is the son of University of Iowa men’s basketball coach Fran McCaffery.

In a statement distributed in July from an Iowa City law firm, Fran and Margaret McCaffery called the crash, which happened just after their son left school, a “tragedy” that has “devastated” their family.

“Investigators have told us that it was an unavoidable accident with no evidence to suggest distracted driving,” the McCafferys’ statement said. “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.”

After McCaffery was cited in July, police wouldn’t fully explain why it took two months to cite the teen.

“It is our duty and responsibility to conduct thorough investigations and thorough investigations — particularly those involving a death — take time. We do not identify those involved in an investigation unless that person has been charged,” police said in a statement.

Police previously hadn’t identified the driver. The Gazette had requested a recording of the 911 call related to the crash, but the request was denied shortly after the crash and again last week. Police, in the statement, said all other information related to this case is confidential under Iowa law.

Comments: (319) 398-8318; trish.mehaffey@thegazette.com