Joliet Father, Daughter Killed On Route 53 By Motorist Going 106 MPH: Wrongful Death Lawsuit
JOLIET, IL — Joliet attorney Frank Cservenyak of Rathbun, Cservenyak and Kozol has filed a wrongful death lawsuit against 35-year-old reckless homicide defendant Matthew Isiah Ferguson in connection with the Preston Heights double fatality of 80-year-old Joliet motorist Elbert Washington and Washington's 61-year-old daughter Michelle Weithers two years ago.
According to the lawsuit, Washington was driving a black Chevrolet car southbound along Route 53, making a left turn onto Louis Road on Nov. 14, 2023. At 3:10 p.m., Ferguson was driving his black Dodge car northbound along Route 53 when he hit the passenger side of Washington's car, causing Washington's death.
The crash also killed Washington's daughter.
Cservenyak's lawsuit on behalf of Washington seeks a judgment in excess of $75,000 against Ferguson, who comes from the 1800 block of Crestview Drive, a Plainfield mailing address in the city of Joliet.
In March, the Will County State's Attorney's Office of Jim Glasgow filed 11 counts of reckless homicide against Ferguson and in April, prosecutors filed a petition to deny pretrial release for Ferguson.
According to prosecutors, the data recorder from Ferguson's car showed he was driving 106 mph in a posted speed limit of 45 mph three seconds prior to the crash "and he did not apply his brakes until approximately 1.5 seconds prior to impact."
After the wreck, Ferguson was taken by ambulance to St. Joe's Hospital with non-life-threatening injuries. The Illinois State Police interviewed Ferguson at the hospital and "he did not remember the crash and the last thing he remembered was going to work at Walmart in Elwood. Ferguson advised his shift hours were 5 a.m. to 3 p.m." court documents show.
Illinois State Police noted that Ferguson did not smell any odor of alcoholic beverages, nor was his speech slurred or slowed in any way, court files show. At St. Joe's hospital, Illinois State Police notified Ferguson he was involved in a crash that had fatalities. Ferguson agreed to submit to blood and urine samples and the lab results showed a concentration of THC, which is marijuana, in his blood, court documents indicate.
According to the petition to deny pretrial release, Ferguson "was driving without a valid Illinois driver's license. Additionally, his driving record shows that this is not an isolated incident."
Ferguson's driver's license was suspended from July 17, 2015 to October 3, 2015 as a result of being involved in an accident without having insurance. Moreover, Ferguson's license was suspended for failing to maintain proper insurance coverage in April 2016, May-September 2016, November-2016-January 2017, February 2017-March 2017 and May 2017 until July 2017, court records show.
At no point in time has Ferguson been incarcerated in the Will County Jail in connection with his 11 charges of reckless homicide.
His private criminal defense lawyer out of Chicago convinced Will County Judge Amy Bertani-Tomczak to quash the warrant for his client's arrest during their first court appearance back in the spring. And although the Will County State's Attorney's Office filed a petition to deny Ferguson pretrial release, Judge Bertani rejected it.
According to her April 7 ruling, although Ferguson is charged with a detention-eligible offense, Judge Bertani wrote there was "no history to show the defendant will evade the court to avoid prosecution."
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