Charges Could Be Dropped Against Man Accused in Deaths of Two Ankeny Children

Charges could be dropped against a man charged with killing two Ankeny children in a 2010 car crash if another expert determines he is mentally incompetent to stand trial.

The Des Moines Register reports Kevin Dalasta will have to be evaluated by another mental health expert before authorities decide whether to drop the charges against him due to an allegedly permanent brain impairment.

Police say Dalasta, 48, was leaving a 10-hour shift at Tones Spices in Ankeny on May 6, 2010, when he drove through a stop sign at Southeast Tones Drive and Southeast Creekview Drive, according to the Register. Dalasta’s truck struck a van driven by Heather DeJoode, then 35.

The crash killed Carson DeJoode, 5, and Claire DeJoode, 5 months, while seriously injuring their mother. Chase DeJoode, then 3, suffered minor injuries to his ankle and neck, the paper said.

The court case against Dalasta has been delayed several times as he has undergone and recovered from a series of brain surgeries.

Polk County prosecutors Thursday asked for another two months to obtain their own independent review of Dalasta’s competency, according to the Register. Assistant Polk County Attorney David Porter said prosecutors were reluctant to drop charges without having “our own guy look at it.”

Judge Richard Blane II is scheduled to revisit the issue in November.

Two experts have said Dalasta is mentally incompetent to stand trial and unlikely to improve, but prosecutors are entitled to an independent review of Dalasta.

KCCI.com reported previously that Dalasta's father, Dan Dalasta, told the court he has been his son's full-time caretaker since a May surgery which left his son's movement hindered, slowed his word comprehension and diminished his ability to speak.

Heather and Troy DeJoode, the parents of the children killed in the car accident told KCCI-TV in April that they found comfort from knowing the children's donated organs saved others.