The trial of an Oregon man charged in a fatal boating crash in 2016 won’t start on Feb. 14 as previously planned.
Special prosecutor David Neal, from the Illinois State’s Attorney’s Appellate Prosecutor’s office, filed a motion Jan. 29 to continue the case and delay setting a trial date until he gets a report from a defense expert in the felony case against Marc Mongan, 47.
Mongan has been charged with one count of aggravated driving under the influence of alcohol, a Class 2 felony; three counts of reckless homicide, all class 3 felonies; and three counts of reckless conduct, all Class 4 felonies, in the death of Megan Wells, 31, Rockford.
Wells was killed on June 24, 2016 on the Rock River three miles north of Oregon when a johnboat Mongan was operating struck her as it went over the back of the pontoon boat she was riding in, throwing her overboard.
Neal told Judge John Redington on Tuesday that he filed the motion in response to a yet-to-be-received report from a defense expert.
“There are discovery issues outstanding,” Neal told Redington. “Because of those I just don’t see how the people would be ready to go forward on Feb. 14.”
Neal’s motion reads: “The expert’s report has not yet been tendered to the People. Said expert’s report would reasonably be anticipated to inform the People of any specific or affirmative defenses that the defense may present. The People do not allege that this delay was intentional by the defense and is the result of the scheduling and other issues that go into the preparation of an expert’s opinion.”
Redington granted the motion to continue the case until Feb. 8 at 2:30 p.m. for a status hearing. “We will talk about a trial date them,” Redington said.
Redington said he met out of court with Neal and Mongan’s attorneys, Dave Tess and Russ Crull, Rochelle, before the hearing to discuss scheduling issues.
Cynthia Koroll, the attorney representing Wells' parents Robin and Dave Swaziek, said she was not included in that discussion and had a conflict for the Feb. 8 hearing. She asked if she could participate via telephone.
Redington said she could not participate via telephone, but he would call her before a trial date was chosen.
(Vinde Wells contributed to this story)