Coach McCaffery’s son waives appearance at trial

IOWA CITY — A North Liberty teenager cited for a traffic violation in a May 22 crash that resulted in the death of an Iowa National Guard soldier is asking the court to waive his personal appearance at his trial set to start next week in Johnson County.

Jonathan J.F. McCaffery, 17, waived his right to appear during the bench — or non-jury — trial, which he can do 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 next Tuesday through his attorney, Joseph Moreland, at trial, according to the motion filed Friday.

A prosecutor Tuesday afternoon filed a response to McCaffery’s motion, stating the prosecution must identify the teen and prove beyond a reasonable doubt that he was driving the vehicle in the May 22 fatal crash.

Assistant Johnson County Attorney Jacob Behnke, in his motion, said he wouldn’t resist the defense’s motion as long as they file a stipulation stating McCaffery was driving the vehicle that day.

A magistrate will now review the motion and make a ruling in the next few days.

McCaffery was cited in July for the traffic violation stemming from a crash at the intersection of 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.

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

Under Iowa law, there is an enhancement for this 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.

In a statement distributed in July by an Iowa City law firm, parents 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.”

Last week, 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.

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

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