Driver in fatal Silver Springs crash to be in court
DAYTON — A mother accused of killing two children and injuring seven others while driving under the influence is scheduled to appear in Dayton Justice Court on Oct. 9.
Kimberly Kautz, 31, is charged with two counts of driving drunk while causing death and four counts of causing substantial bodily harm after she rolled her pickup on U.S. 95 Alternate in Silver Springs on Aug. 13. All seven of the children in the bed of the truck and two in the cab were ejected.
Kautz’s attorney, Lane Mills, filed a motion last month to have the charges dismissed saying the criminal complaint against her was “fatally defective.”
Mills argued the District Attorney’s Office failed to name what — if any — controlled substances are alleged to have been used by Kautz resulting in the accident.
But Lyon County Deputy District Attorney Bob Auer said he opposes the dismissal because he isn’t obligated to name the substances.
“Contrary to defendant’s bald assertions, unsupported by case law, the state has no responsibility to inform defendant of specific controlled substances which she was under the influence of. Ms. Kautz has personal knowledge of that information,” Auer wrote in response to Mills’ motion.
A hearing on the motions has yet to be set.
Kautz, who has lived in the Silver Springs area for four years and is a Boy Scout den mother and AYSO soccer coach, is free on $10,000 bail.
Dani Jo Baker, 11, who suffered from cerebral palsy, was pronounced dead at the scene of the crash. Jennifer O’Brien, 14, died early the following morning at Washoe Medical Center in Reno.
Dani Jo’s brother Dakota Baker, 12, and sister Destiny Baker, 14, cousin, Randi “Missy” Beal, 15, Shaelyn Keep, 2, and friend Clinton Craiglowe were treated and released.
Kautz’s son, Zachary Saylor was seriously injured and since the accident has gone to live with his father in Oregon.
The prosecution contends Kautz consumed up to 12 alcoholic drinks while at Lake Lahontan prior to the accident. According to court documents, Kautz told police officers she was the only adult present with the children.
A statement made by a clerk at the convenience store near the park said Kautz twice came to the store, both times buying a six-pack of Smirnoff Ice.
“She mentioned she now had nine kids going to the lake with her and the first six-pack of Smirnoff was not enough,” the clerk wrote of the final visit.
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