Man charged following crash resulting in girlfriend being critically injured

Brett Smith

ELKHART COUNTY, Ind. -- Court documents from Elkhart County reveal a 21-year-old man is facing charges for allegedly crashing a car with family members and his girlfriend as passengers.

The suspect, identified as Brett Smith, has been charged with three counts of Leaving the Scene of an Accident Resulting in Serious Bodily Injury, and three counts of Causing Serious Bodily Injury when Operating a Vehicle While Intoxicated.

The probable cause affidavit notes Smith's girlfriend was in critical condition with internal bleeding following the crash and this could've been fatal.

Smith's dad suffered two fractured ribs, while his brother suffered a possible dislocated finger.

Smith's initial hearing was Tuesday and currently he has no future court dates set.

The Elkhart Police Department reports on Nov. 5, an officer was dispatched to the area of Mason Street and 9th Street around 2:28 p.m. for a crash with injuries.

Authorities arrived on scene to find a 2019 Nissan Altima with front and rear end damage appearing to have come from hitting a tree.

A 2023 Dodge Charger was also observed in the middle of the road with front end damage and rear doors open along with the driver's door.

Smith's girlfriend was found lying on her back nearby and appeared to be in pain. A man, identified as Smith's dad, was sitting next to the girlfriend and told police, "We don't know who was driving."

Another man on scene, identified as Smith's brother, stated he wasn't the one driving, although witnesses said he was. The brother told police it was Smith who was driving the Charger.

The brother told police they were down the road in a big parking lot where Smith was doing donuts in the parking lot.

He explained they then left the parking lot and came down Mason Street, at which point Smith lost control of the Charger, striking the parked Altima.

Smith's brother said after the crash he checked on him, his girlfriend, and their dad before running north down an alley toward Harrison Street.

Smith was later located near the westbound entrance to the US 20 Bypass on Main Street. Police say he was slouched over, head between his legs, not moving.

The officer on scene called for an ambulance and arrested him.

The report states there was an odor of an alcoholic beverage from his breath, plus he had red bloodshot eyes with slurred speech.

A search warrant was obtained for his blood, and he was taken to Elkhart General Hospital.

His BAC was found to be .227.

Police also seized Smith's iPhone as evidence along with data retrieved from the Charger.

A criminal history report conducted on Smith revealed he has a prior OWI conviction out of St. Joseph Superior Court 2 on Nov. 22, 2023, as well as a charge for Operating Without Ever Receiving a License of Elkhart Superior Court 4 with a conviction on July 7.

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