Crime & Safety

Charges Dismissed Against Woman Accused of Crash That Killed an 11-Year-Old Burnsville Boy

A 33-year-old woman who police say was driving 100 mph at the time of the crash will not stand trial.

A woman accused of driving faster than 100 mph and causing a 2010 crash that killed an 11-year-old Burnsville boy will not stand trial.

The Dakota County Court approved a motion this past week to dismiss all charges against 33-year-old Leah C. Graeber, formerly of Savage, who authorities have deemed incompetent, according to a Shakopee Valley News report. She was charged in December 2010 with three counts of criminal vehicular operation, and one count each of vehicular homicide and fifth-degree controlled substance possession.

All charges stem from a July 18, 2010 collision on Highway 13 near Washburn Avenue that killed Joey Balistreri and seriously injured his father, mother and sister.

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"The reasoning was that she has been found incompetent, and that her chances of regaining competency are very slim," Assistant Dakota County Attorney Phillip Prokopowicz said in the Shakopee Valley News story. "They have done significant changes to medication and made significant attempts to address her underlying mental health issues with no progress ... We believe it's an appropriate disposition of the case."

Graeber will remain under civil commitment until the court decides her mental health issues have been resolved. She has reportedly been committed to institutions at least six times since 2010. Prior to one such instance, WCCO-TV revealed that Graeber called the network in August 2010 and declared she was God.

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