Twin sisters in fatal Amish buggy crash file motions to dismiss

May 17—PRESTON, Minn. — The twin sisters who face multiple felony charges related to a crash that claimed the lives of two Amish children last year, have filed motions to have their cases dismissed.

Samantha Petersen, 36, of Spring Valley faces 21 charges including eight felony counts of criminal vehicular homicide, eight counts of felony criminal vehicular operation, two gross misdemeanor counts of driving while impaired, and misdemeanor counts of failing to provide proof of insurance and careless driving.

Her twin sister, Sarah Beth Petersen, 36, of Spring Valley, faces 16 felony charges relating to aiding an offender and taking responsibility for criminal acts.

On Wednesday, May 15, 2024, attorneys for both women filed motions to have their cases dismissed.

In the case of Samantha Petersen, the motion claims the state does not possess any evidence that she "was operating a motor vehicle while under the influence of any mood-altering substance including, but not limited to, alcohol or legal/illegal controlled substances. In addition, the evidence fails to establish probable cause that (Samantha Petersen) was negligent in the operation (of the vehicle involved in the crash)."

The motion further states that charges related to fleeing the scene should be dismissed because evidence shows, the motion claims that Samantha Petersen "left the scene of the accident only after being given permission to do so by investigating officers."

The motion goes on to say Samantha Petersen's statements made to her sister in the back of the police car were recorded surreptitiously, and are therefore a violation of her Miranda rights.

In the case of Sarah Petersen, the motion to dismiss also claims her Miranda rights were violated. The motion states "(Sarah) Petersen was not advised of her Miranda rights prior to the Deputy's questioning and the questioning constituted custodial interrogation in violation of the Fifth Amendment to the United States Constitution and its Minnesota counterpart."

The motion argues that Sarah Petersen's statements cannot be used in court and therefore the state lacks probable cause.

In both motions, attorneys for the women are asking that all charges be dropped.

According to court documents in the case:

A crash occurred at around 8:25 a.m. on Sept. 25, 2023 on Fillmore County Road 1 when a 2005 Toyota 4Runner driving south came up behind and struck a two-wheeled, horse-drawn Amish buggy. The accident happened near the intersection with County Road 102.

Two children, Wilma Miller, 7, and Irma Miller, 11, died in the crash. Their siblings, Alan Miller, 9, and Rose Miller, 13, were injured. A horse was also killed as a result of the crash.

In the criminal complaint, events indicate a captain from the Fillmore County Sheriff's Office spoke with a witness on the scene who said he saw a woman he believed was the driver on the phone, calling 911. The man described the woman as a "blonde female wearing a Hy-Vee employee shirt that was black and red."

Another witness on the scene described the woman he believed was the driver as "wearing black clothing, no eyeglasses, really light blonde hair, was taller." The second witness later noticed another woman appear at the scene who looked similar to the first woman, but wearing different clothes.

"The second lady had a T-shirt with no sleeves on and she looked a little bit smaller than the first lady. (The second witness) wasn't sure how the second lady got there; she just sort of appeared. Leroy saw the second lady give the first lady a hug and heard the first lady say that she didn't see them until it was too late," the complaint said.

Court documents say Sarah Petersen identified herself as the driver in the crash. However, while on the scene of the crash, squad car audio picked up a conversation between the sisters while Sarah was sitting in the vehicle. The two discussed how law enforcement could not tell them apart, according to court documents.

The documents say Sarah can be heard saying, "I think that one of the guys is on to me but I don't really care..." and "there's no way they would ever know the difference between the two of us so they can't tell."

Later, after a deputy read Sarah Petersen her Miranda Rights, Sarah said she "didn't feel like she did anything wrong but knows that she hit someone, killed someone, and would have to live with that for the rest of her life."

A hearing for Sarah Petersen will be held at 9 a.m. Aug. 16, 2024, before Judge Jeremy Clinefelter at the Fillmore County Courthouse in Preston.

Samantha Petersen's hearing to dismiss will be held at 1:30 p.m. Aug. 12, 2024, in the same court.