Mother of surviving child reacts to charges being filed in fatal Benton County crash

UPDATED: A Hancock County woman has been charged with homicide after her son died in a car accident last year.

Authorities say Nicole Jacobs, 37, of Kanawha was drunk when she lost control over her vehicle on 68th Street in Benton County on October 8, 2010. An affidavit obtained by SourceMedia Group News shows Jacob's blood alcohol content on the scene was measured at .131 percent.

Jacobs and her three passengers were all ejected from the vehicle, according to reports the Benton County Sheriff's Office. The vehicle reportedly rolled into a ditch, landing on top of 6-month-old Lincoln Jacobs. The two other passengers - Jacobs' 4-year-old daughter and another 4-year-old girl - were also injured, according to a press release from the sheriff's office.

Mackenzie McWhorter was the then 4-year-old who was along for the ride with Jacobs and her children. Her mother, Bridget McWhorter, attended Wednesday's initial appearance in Benton County District Court.

McWhorter said he had left her daughter with Jacobs, whom she had known a few months, to go to a taping of the “Oprah” show in Chicago. McWhorter got the news of the accident while she was on the road.

McWhorter said it was frustrating waiting for seven months for the legal system to file charges.

“It was frustrating at times, but being in touch with the detective and the D.A. I understand why it took so long and some of it was completely out of their control,” she said.

Benton County Sheriff Randy Forsyth said blood alcohol tests came back fairly quickly. But the county depended on the Iowa State Patrol and the state crime lab for more sophisticated testing to rule out accidental causes of the death.

Forsyth said part of the investigation included “... taking samples from the seat belts so they could determine if they had been used.”

Forsyth added “normally in a case like that, they wait for everything to come back to see whether there is negligence or whether there wasn't.”

McWhorter believes Jacobs sent the older kids outside the home and was drinking inside before she took off on the short trip, which ended with the van upside down in a ditch.

McWhorter expressed satisfaction with the charges, and said she had some sympathy for the defendant.

“I'm very sad she lost her son and I know she will have to live with that the rest of her life, but we almost lost our child ... we very well could have lost our child,” she said.

McWhorter said her now 5-year-old daughter Mackenzie has recovered physically, but she still suffers psychological problems from the October accident.

Jacobs now faces five felony charges, including vehicular homicide, child endangerment causing death, serious injury by vehicle, child endangerment causing bodily injury, and child endangerment causing serious injury. She also faces a misdemeanor charge for operating while intoxicated.

Jacobs made an initial appearance at the Benton County Courthouse on Wednesday morning. A hearing has been set for later this month and Jacobs has been ordered to undergo substance abuse counseling.