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Judge Rules Wednesday on Rousso Dismissal Motion

Court will decide if Highland Park teen accused of killing 5-year-old Highwood girl will face most serious charges against her. Reckless homicide counts not being challenged, will remain.

A Lake County judge will rule Wednesday whether Carly Rousso, a Highland Park teen accused of killing a Highwood 5-year-old faces the most serious of the charges against her.
A Lake County judge will rule Wednesday whether Carly Rousso, a Highland Park teen accused of killing a Highwood 5-year-old faces the most serious of the charges against her.

A Lake County Criminal Court judge will decide whether a Highland Park teenager accused of killing a 5-year-old Highwood girl will face the most serious of the charges against her at 9 a.m. Wednesday in Waukegan.

Carly Rousso, 19, of Highland Park is challenging the constitutionality of four claims of aggravated driving under the influence claiming she inhaled difluoroethane just before she drove her car into Jaclyn Santos-Sacramento, 5, of Highwood Sept. 3, 2012, on Central Avenue.

Doug Zeit, Rousso’s attorney, claims the law is too vague to claim his client should have known difluoroethane, a compound which can be purchased in many stores, would be intoxicating.

“The statute makes an irrebutable presumption that anything that can be (ingested) can be intoxicating,” Zeit said to Judge James Booras in November when the motion to dismiss was argued the first time.

After hearing arguments from Zeit and Assistant Lake County State’s Attorney Michael Ori, Booras asked the lawyers to do more research into the issues and promised to do the same himself. “I’m going to mull over what I’ve heard and see what I can find myself,” Booras said in November.

Should Booras dismiss the four counts of aggravated driving under the influence, Rousso will still face two counts of reckless homicide. Such a ruling would reduce her possible prison time and create a possibility of probation.

A ruling in Rousso’s favor will prompt an automatic appeal to the Illinois Supreme Court under Illinois law. Zeit could appeal if Booras upholds the charges.

forest barbieri January 21, 2014 at 07:46 PM
Whatever the decision, the five year old is gone before she ever had a chance to start first grade, take dance or soccer lessons...... All because of a single idiotic individual more interested and invested in satisfying her own addictions/afflictions than an innocent little five year old walking with her mother. That could have easily been any of us or our children walking that day. By the way that little girl has a name and it is Jaclyn Santos-Sacramento
Dan Cox January 21, 2014 at 10:28 PM
Respect and Responsibility... something that is missing in our culture of entitled youth.
Enrique H. January 21, 2014 at 11:31 PM
Difluoroethane....you mean the refrigerant/"canned-air" substance that is inhaled by people for the sole purpose of getting intoxicated (i.e. huffing)?!! The "canned-air" product that contains specific, explicit warnings on the packaging that explains inhaling the substance can lead to intoxication and/or death? Wow, some argument presented by the defense.
Stu Pidasso January 22, 2014 at 03:03 PM
AS long as the $$$$ is there to spend, any defense can be presented...... Now get a JURY to believe it!!! It was reckless conduct by one that must be held ACCOUNTABLE for!!
Jon Hall January 22, 2014 at 07:02 PM
What's the story Steve? Get out there and report.
Stu Pidasso January 22, 2014 at 08:50 PM
yeaaaa!!! waaaiiiting!!!
Dan Cox January 22, 2014 at 09:40 PM
Its in the Deerfield Patch.
Stu Pidasso January 22, 2014 at 11:21 PM
Thanks Dan..

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