Aurora woman charged with motor vehicle homicide in Dave Schwartz death
A jury has been seated and the state began presenting evidence in Hamilton County Court on Monday in the case of the woman whose SUV struck and killed state highway worker Dave Schwartz of Aurora in October of last year.
Sara May, 46, of Aurora is charged with three misdemeanors in the death of Schwartz, including motor vehicle homicide (a Class 1 misdemeanor), failure to use caution when passing a stopped emergency vehicle and driving too fast for the conditions.
The 62-year-old Schwartz was assisting local law enforcement and workers from the county highway department at the scene of a spill involving corn mash west of Aurora at the intersection of Highway 34 and the Giltner Spur on Oct. 17, 2023, when he was struck by the GMC Yukon being driven by May. The SUV was reportedly traveling westbound on 34 when when the driver lost control on the slippery substance and struck Schwartz. Despite life-saving measures attempted by those who witnessed the accident, Schwartz was pronounced dead at the scene.
Following an accident investigation by the Nebraska State Patrol (NSP) May was charged on Dec. 1, 2023.
The case is being heard in front of Judge Lynelle Homolka and a six-person jury consisting of three men and four women, with one of them being an alternate. When the expected two-day trial adjourned for the day shortly before 5 p.m. Monday, County Attorney Douglas Dexter was still presenting the state’s case against May and state trooper Zachary Lorang was dismissed from the witness stand.
In dismissing the jury for the evening, the judge advised them against speaking to anyone about the trial or forming any opinions, and even instructed them to avoid passing by the intersection where the accident occurred on their way home.
Defense attorney Benjamin Murray of Hebron was expected to begin presenting evidence in May’s defense on Tuesday.
If convicted of the first count, May could face a maximum sentence of one year in jail and a $1,000 fine.