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Crime & Safety

'Suicide Driver' George Smith Has Plea Deal—Until Complications Come Along

Prosecutors seeking restitution, but might have to get it through the state's Victim's Bill of Rights or other methods. A lawsuit by the oncoming driver, Mark Rein of Geneva, has been filed.

Attorneys in the case of a former St. Charles man accused of intentionally driving his car into oncoming traffic appeared to have a deal in place Thursday before putting the agreement on hold.

George Smith, 81, is charged with two counts of aggravated battery in connection to an Aug. 6, 2010, crash on West State Street in Geneva, where he drove his SUV across the center line and collided head on with a vehicle driven by Mark Rein of Geneva.

Prosecutors have described the incident as a failed suicide attempt by Smith, who had just weeks before been accused of neglecting his wife and threatening another woman.

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Smith appeared in court Thursday for what appeared to be a plea deal with prosecutors that would have him admitting to a single count of aggravated reckless driving. That agreement did not include a sentence for Smith on the Class 4 felony, which can result in probation or a short prison sentence.

However, when Assistant State's Attorney Deb Bree said restitution would be sought as part of the sentence, Circuit Judge Allen Anderson pointed out that would not be possible given that the new charge was part of the vehicle code, not the state's criminal code.

Find out what's happening in Genevawith free, real-time updates from Patch.

After a brief recess, Bree told Anderson that prosecutors needed time to sort out an avenue—such as the state's Victim Bill of Rights—to ask for restitution and to consult with the Rein family. Anderson then set a May 20 hearing on the matter.

Rein has sued Smith, accusing him of failing to operate his vehicle safely, leading to the unspecified injuries Rein suffered, court records show.

Smith "exhibited a conscious disregard and utter indifference for the safety of others," the lawsuit states.

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