A Dakota County judge has determined that Leah C. Graeber, 28, of Savage, is not competent to stand trial for criminal vehicular homicide in the death of 11-year-old Joey Balistreri last summer in Burnville.
Judge rules Savage woman incompetent for trial in 2010 vehicular homicide case
March 22, 2011 at 2:59AM
Dakota County Attorney James Backstrom said Monday that criminal proceedings are suspended until it can be determined that Graeber is competent to proceed. His office will begin a civil commitment proceeding, with a hearing set for March 31 in Hastings.
Graeber is charged with one count of criminal vehicular homicide, three counts of criminal vehicular operation and fifth-degree possession of cocaine. Judge Patrice Sutherland set bail at $125,000 without conditions and $100,000 with conditions.
On July 18, witnesses told State Patrol officers that Graeber was southbound on Hwy. 13 at an estimated 100 miles per hour when her car drove through the grassy median near Washburn Avenue, vaulted into the air and struck a northbound SUV in which Balistreri's family was traveling as well as another car. The boy's parents and sister also were injured in the crash.
Troopers said they found an open container of beer, two pipes with residue and a plastic tube in Graeber's vehicle. Tests on those items revealed trace amounts of cocaine and THC, the active ingredient in marijuana.
JOY POWELL
