Testimony in Little Canada woman's careless driving trial brings tears to court

"You killed my brother! You killed my brother!" the little boy screamed.

Linda Fahey, driving home to Little Canada from a party in Richfield on a cold, dark night last December, had just hit 7-year-old Jacob Austin as he, his two brothers and a friend walked along Labore Road in Little Canada.

Jacob died two days later. The others escaped serious injury.

Those facts were laid out Monday at Fahey's trial in Ramsey County District Court on misdemeanor charges of careless driving. Fahey waived her right to a jury trial, and Chief District Judge Kathleen Gearin will decide the verdict.

Fahey, 60, had been charged with criminal vehicular homicide in the Dec. 8 accident, but that was dismissed after a grand jury failed to indict her on the felony.

Assistant County Attorney David Hunt said in his opening statement that Fahey drove on the road's shoulder about 40 feet before striking the boys. The street was dry, but her tracks could be seen in the snow on the shoulder, he said.

Hunt rested without calling witnesses, saying the state's case was laid out in the grand jury testimony. That testimony was introduced into evidence but has yet to be made public.

Gehan called it "a horrible accident, but an accident" and said he wasn't there to prove how it happened. "I don't think anyone can," he said.

According to testimony from Fahey and her husband, Mike: They left the party about 10 p.m. for the half-hour drive home.

Linda Fahey drove while Mike navigated through road construction. Once they passed the construction, Mike Fahey dozed off.

Fahey said she had consumed no alcohol at the party and wasn't on any medication or illegal drugs.

Fahey said she turned off Edgerton Street onto Labore in Little Canada. She was going, at most, 30 miles per hour, she said. As she crossed Payne Avenue, she noticed there weren't as many Christmas lights up as the previous year.

Fahey began crying as she told how she and her husband jumped out of their SUV and found Jacob lying unresponsive in the snow. The other three boys were on their feet. One yelled, "You killed my brother! You killed my brother!" Another was on his cell phone.

Jacob's mother cried, too, as she listened to Fahey.

Mike Fahey, a former mayor and council member in Little Canada and a volunteer firefighter for 20 years, said he picked up Jacob and put him in the back of the SUV to await paramedics.

Linda Fahey talked to an investigator the next day, and Gehan questioned her about whether she recalled telling the investigator after her videotaped interview something "to the effect that you might have fallen asleep."

"I did not say that," Fahey responded.

Closing arguments will be submitted in writing. Gearin will rule within seven business days after the final arguments are submitted by Feb. 2.