A Michigan City resident has been charged with operating while
intoxicated-causing death, in connection with a fatal accident in August
2010 at the intersection of U.S. Highway 20 and Waverly Road in Porter, the
Porter County Prosecuting Attorney’s Office said.
Sandra Ann Everly, 53, with listed addresses in both Michigan City and
Westville, was charged on March 30 with four felony counts and three
misdemeanor, the most serious a Class B felony: operating a motor vehicle
and being over 21 with an alcohol concentration of greater than .15 gram per
100 milliliters of blood or 210 liters of the person’s breath-causing death.
A Class B felony is punishable by a term of six to 20 years.
According to the probable cause affidavit filed by Sgt. John McMahon of the
Porter Police Department, at 9:40 p.m. on Aug. 20 Everly was westbound on
U.S. 20 in a Chevrolet Cavalier when she rear ended a second vehicle at the
intersection of Waverly Road. One witness, also westbound on U.S. 20,
advised that Everly nearly sideswiped them and had been “moving all over the
road,” while another—at the Porter Quick Stop—advised that he did not see
brake lights activate on the Cavalier prior to the crash, McMahon stated in
Everly and her passenger, William Hertaus, were both trapped in the Cavalier
and had to be extricated by Porter firefighters. Everly—who “was not wearing
a seat belt”—sustained facial injuries and a compound fracture of her right
ankle, McMahon stated, while Hertaus suffered injuries to his neck and head.
Hertaus died of his injuries less than a week later, on Aug. 25, McMahon
When McMahon asked Everly what happened, she replied “I don’t know, I just
rear-ended someone, I think,” he stated.
Everly subsequently registered a blood alcohol content of .27 percent on a
blood test, McMahon stated.
booked into the Porter County Jail at 10:29 a.m. Tuesday.