IU student killed on scooter; driver faces 3 felonies

2022-09-23 21:23:00 By : Ms. feng xin

Editor's note: This story has been updated after a court hearing postponement request was granted Thursday.

A 22-year-old Bloomington woman charged with driving drunk and killing an Indiana University student riding an electric scooter is scheduled to appear in court Sept. 30.

Madelyn Nicole Howard, 110 W. Sixth St., has a 1 p.m. hearing Sept. 23 in Monroe Circuit Court to be formally charged with three felonies: leaving the scene of an accident resulting in serious injury or death, causing death when operating a motor vehicle while intoxicated and reckless homicide.

Bloomington defense attorney Katharine Liell is representing Howard. On Thursday, Liell filed a motion asking that her client's initial court hearing, set for Friday, be postponed. Monroe Circuit Judge Darcie Fawcett granted the request, and reset the hearing for 1 p.m. Friday, Sept. 30.

She is charged with being behind the wheel of a car that crashed into 20-year-old Nathaniel Stratton as he rode an electric scooter near downtown Bloomington in the early-morning hours Sept. 18.

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A probable case affidavit was filed by a Bloomington Police officer who talked to Howard not far from the crash site, where she had stopped to remove the electric scooter dragging beneath the 2012 Mercedes Benz she was driving.

The officer reported Howard's eyes were red and watery, that she failed dexterity tests and said she and the car hadn't been involved, even though it had recent "heavy damage" to the windshield and passenger side window.

Previously:Woman charged with drunken driving in Sunday crash that killed IU student on scooter

Howard reportedly told the officer she'd been at Kilroy's Sports Bar, a few blocks from the scooter wreck, and was taking home a friend who was too intoxicated to drive.

According to the affidavit, the front-seat passenger said he was hit by broken glass and asked Howard if she had hit something and she replied, "I think I hit somebody." He said he told her to stop and that she eventually did, about a half mile away at 19th and Lincoln streets.

People were helping the two pull the mangled scooter out from under the car when police arrived. After being interviewed, Howard was handcuffed and taken to the hospital to have blood drawn for toxicology tests.

When interviewed at the police station, said she didn't remember what had happened, then admitted she "probably hit something," the affidavit said.

Video footage from Domino's Pizza at 12th and Walnut streets shows the Mercedes headed north at 1:45 a.m. far to the right of cars ahead of it on the one-way street. Near the intersection, one person hurries off the sidewalk to avoid being hit by the car, which continues on with the passenger wheels on the sidewalk, the affidavit said.

"After the vehicle goes by, a single shoe is seen bouncing along the sidewalk," BPD officer Katherine Tiernan wrote.

Stratton's family and others have complained to media and law enforcement agencies about Howard being released from jail after posting just $2,000, despite three felony charges and a death.

"The Monroe County prosecutor's office has received many inquiries regarding Madelyn Howard’s posting of bail," chief deputy prosecutor Jeff Kehr said Wednesday.

“Under the Indiana Constitution, an arrested person is entitled to bail in all cases except murder and treason," he said. When someone is arrested, "the jail staff consults a bond schedule that was established by the judges and formalized in a local court rule."

He said the same bail amount is set for all crimes of a certain level. "For example, the bail for all Level 3 felonies is $15,000 surety and $500 cash," he said. "If someone is booked on multiple charges, the bail is based on the highest charge." Howard faces three felonies; the most serious is a Level 3. 

In Indiana, a person is required to pay 10% of the surety amount to a bondsman and the cash portion to the clerk's office. Howard posted 10% of the $15,000, plus $500 cash, and was released from jail later the day of her arrest.

Contact H-T reporter Laura Lane at llane@heraldt.com or 812-318-5967.