Judge rejects teen’s plea in fatal drag racing crash, resets trial

IOWA CITY — A judge will not accept a teen’s plea to two charges in a fatal drag racing crash that killed a Waterloo woman in 2023, ruling he found “deficiencies” in the trial information — causing confusion over the number of charges against the teen.

Kesean Ford, 18, of Iowa City, filed a written plea last week to only two of the four charges against him for involuntary manslaughter and homicide by vehicle-drag racing, both Class D felonies — each a five-year prison term.

However, the prosecution asked the court last Thursday to reject those because according to Iowa law, pleas to lesser included offenses aren’t allowed without the prosecution agreeing to the plea.

The other remaining charges — homicide by vehicle-reckless driving and homicide by vehicle-excessive speed over 25 mph — are both Class C felonies with a 10-year prison term.

Assistant Johnson County Attorney Jeff Brunelle, during that hearing, said the amended trial information intended to make it clear the prosecution charged Ford with all three theories of homicide by vehicle. That would allow the fact finder — jury or judge — to determine which theories of the crime support a conviction — drag racing, reckless driving or excessive speed 25 and over, 6th Judicial District Judge David Cox said in his ruling.

If the fact finder found the facts of the case supported a conviction on all theories, then the lesser included charges would merge, according to Iowa law.

Jeffrey Powell, Ford’s lawyer, argued there aren’t four charges, according to the amended trial information. There is involuntary manslaughter-aiding and abetting, and homicide by vehicle with three possible theories — reckless driving, drag racing and excess speed — of how the prosecution could prove the crime.

Powell agreed there wasn’t any plea offer by the prosecution and Ford pleaded guilty to both Class D felonies.

Cox said the charges must be listed as separate counts, not listed under one count, as the amended trial information was submitted. The amended trial information didn’t intend to change the nature of the charges, but to instead explain the prosecution believes the merger rule relates to some of the offenses.

The amended trial information is “defective” and creates “unnecessary confusion” regarding the charges, Cox said in the ruling. The court won’t accept the “guilty pleas when such confusion exists.”

Following last week’s hearing, before Cox made his ruling, the prosecution amended the trial information again and listed each of the three homicide by vehicle counts as separate charges.

Cox, in his ruling, now approved the new trial information. He also granted the defense a continuance of trial, since he rejected its plea.

Trial for Ford is set to begin Nov. 5 in Johnson County District Court.

Waterloo woman killed in May 2023 crash

Ford and Elijah Seals, also 18, of Iowa City, who pleaded Monday in this case, were both charged in the fatal crash that killed Jennifer Russell, 22, on May 27, 2023.

A criminal complaint stated Ford, driving a 2008 Saturn VUE, was speeding on E. Court Street at 10:45 p.m. He was driving next to a white 2012 GMC Acadia being driven by Seals, who also was speeding.

The VUE crashed into a gray 2017 Chevrolet Malibu, driven by Russell, at the intersection of E. Court Street and S. Seventh Avenue. The Malibu was then pushed into the Acadia, and Russell was killed in the crash.

Both teens were driving more than 25 mph over the speed limit, which is 25 mph, and both failed to stop at a stop sign, resulting in the crash, according to the complaint.

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Seals made an Alford plea Monday to homicide by vehicle-reckless driving, a felony. In an Alford plea, the defendant maintains his innocence but admits the prosecution has enough evidence to convict.

He faces up to 10 years in prison but as part of the plea agreement, the sentence will be suspended and he will have to serve three years of probation. His sentencing will be set in December.

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