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Charges of driving while intoxicated causing death and two charges of DWI causing serious bodily injury were dismissed against Tonya P. Gudakunst, 36, East South Barbee Road, Pierceton, Monday, because of a change in Indiana law.
Gudakunst's trial was set to begin Monday, but after a motion to suppress evidence was granted by Kosciusko Superior Court 3 Judge Joe Sutton, all counts against her were dismissed without prejudice, per lack of evidence.
Gudakunst was the driver of a Jeep that rear-ended Chancy Schmucker's car June 28, 2002, during a three-vehicle collision. Passengers in Schmucker's car - Lisa Schmucker, 23; Davanna Schmucker, 4; and Jeff Sutton, 23 - were airlifted to Parkview Hospital, Fort Wayne, for injuries suffered in the accident. Schmucker later died of her injuries.
A blood sample taken from Gudakunst after the fatal accident tested positive for marijuana. A year and a half after the accident, those test results were ruled inadmissible because of a court of appeals ruling requiring police to show more probable cause for drug and alcohol testing than the accident itself.
Even though the ruling came after the accident and Gudakunst's charges, the court retroactively enforced the new law. Police followed correct and standard procedure at the time of the 2002 accident.
According to her court file, probable cause for the blood draw was minimal and Gudakunst allegedly gave no consent for the blood sample, which was taken prior to Schmucker's death.
Had the blood test been performed after Schmucker died, results would have been admissible in court because of laws mandating drug and alcohol tests from all drivers involved in fatal accidents.
