New Trier Senior Charged In Fatal Hit-And-Run In Lincolnwood

SKOKIE, IL — The driver of the SUV that fatally struck a Chicago woman in Lincolnwood last month appeared in court for the first time Thursday.

Graham Weissbluth, 18, of Wilmette, was arrested Wednesday and charged with leaving the scene of a motor vehicle accident involving death or personal injuries in connection with a deadly July 18 collision in the 3300 block of Touhy Avenue.

After the crash, Weissbluth retained an attorney and arranged to be interviewed by police two days later.

Citing a witness statement and surveillance video obtained during the investigation, police and prosecutors said 63-year-old Marcia Morris, of Chicago, was walking alone in oncoming traffic on Touhy Avenue in front of Lincolnwood Town Center.

"It doesn't appear the victim was crossing the street," Jay Parrot, Lincolnwood police chief, told Patch. "It appears the victim was walking within the lanes of traffic, walking westbound in the eastbound lanes."

At the same time, Weissbluth had just picked up food from a restaurant in Lincolnwood and was headed home when he struck Morris, Assistant State's Attorney Jennifer Ravin said.

Several 911 callers remained on scene until emergency medical services and police showed up, Ravin said, but Weissbluth went home instead.

"He told his father that he believed that he may have run over a small animal," said Rick Friedman, Weissbluth's defense attorney.

Weissbluth and his father, who is also an attorney, returned to the site of the deadly crash while investigators were still on scene. His father asked staff at the nearby Five Guys restaurant what was going on and was notified that there had been a deadly hit-and-run, Ravin said.

Instead of speaking to investigators, the Weissbluths returned to their Wilmette home and woke up the teen's sleeping mother, who is also an attorney.

"Neither [Weissbluth] nor his parents contacted the police," Ravin said. "[Weissbluth] sent text messages to a friend making admissions. These text messages were recovered. Two days later [Weissbluth] turned himself in to the police station."

Ravin said Morris' fingerprints were found on Weissbluth's Hyundai Santa Fe and the damage to his car was consistent with pieces left behind at the scene of the crash.

Parrot said there was no indication from the available evidence that the driver had been driving recklessly ahead of the crash.

"But there's no witness to the actual accident itself," the police chief explained.

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The investigation was hindered by the amount of time that passed before Weissbluth agreed to speak to authorities, and it could not be determined if Weissbluth was intoxicated at the time of the crash, Parrot said.

"With regard to impairment that would be an unknown, because the driver turned himself in two days after the crash," he said. "So there were no chemical tests taken — whether it's breath or blood or urine — it would be unable to determine if there was impairment at the time of the crash."

Leaving the scene of a fatal crash is a class 1 felony in Illinois, punishable by a sentence from probation up to 15 years in prison.

At the time of his arrest, Weissbluth was already on supervision after pleading guilty in May to a misdemeanor charge of using an electronic device while driving. Prosecutors filed a motion to revoke that plea deal and re-sentence him.

Related: Woman, 63, Fatally Struck By Hit-And-Run Driver In Lincolnwood

Friedman admitted that his client was driving the car during the fatal crash — and that he did not report the incident to the police that night.

But, the defense attorney told Cook County Circuit Judge Paul Pavlus at Wednesday's bond hearing, he believed the investigation determined Weissbluth was not at fault in the accident itself.

"We arranged the turn-in — and it wasn't a turn-in," Friedman said. "He came in with his parents and me at a pre-arranged time convenient to everyone and gave a full and forthcoming statement."

Friedman said the Weissbluth family contacted him around 6:30 a.m. the morning after the crash. The lawyer said he called Lincolnwood police later that morning and spoke with a lieutenant that afternoon about fully cooperating with the investigation. He said his client voluntarily spoke to police, consented to searches and did not tamper with the evidence.

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Related: Driver In Deadly Lincolnwood Hit-And-Run Turns Self In: Police

Weissbluth is the eldest of five siblings and set to begin his senior year at New Trier High School, Friedman said, asking Pavlus to allow the release of his client on his own recognizance with an individual bond, or I-bond, instead of a cash one.

"I understand this was a fatality, but he's not charged with the accident," Friedman said. "So for the sake of convenience and the fastest processing so he can leave the courthouse this afternoon with his mother, I'd ask for an I-bond, judge. He'll be in court, as demonstrated by a month of cooperation."

Pavlus agreed and allowed for Weissbluth's pretrial release on a recognizance bond. The judge also granted a request from the state's attorney's office to order Weissbluth to be forbidden from driving while he awaits trial.

The judge warned Weissbluth of the consequences if he is seen behind the wheel.

"You would forfeit your bond and you would go to the Cook County Jail," Pavlus said. "Do you understand that?"

"Yes, your honor," responded Weissbluth, who is due back in court in Skokie Sept. 8.