JOLIET – A Crest Hill man testified Wednesday that Romeoville police forced him to provide blood and urine samples after he was involved in fatal crash last year.
William “Calvin” Hayes, 31, is charged with 12 counts of aggravated driving under the influence in the May 19, 2014, crash, but his attorney Jeff Tomczak has argued the test results were obtained illegally.
Authorities allege that Hayes was driving a green Dodge minivan south on Weber Road when he ran through a stoplight at Taylor Road, crashing into a brown Mitsubishi SUV driven by Don Trasmonte, 41, of Romeoville.
Trasmonte was killed, and his wife, Christy, was seriously injured. A man who was a passenger in the Dodge was treated for minor injuries.
Hayes said Wednesday he was sitting on the curb after the crash and told the first paramedic who approached he did not need medical attention.
"About five minutes later, Officer [Sean] Wagner approached and asked me what happened," Hayes said. After performing field sobriety tests, Hayes complained of being cold and sat in the back of a police car.
Wagner testified at an earlier hearing that he smelled alcohol on Hayes' breath. Hayes refused to breathe into a portable breathalyzer at the crash scene, but agreed to go to the hospital after being asked a second time, Wagner said.
Hayes testified he said "No" when asked again, but was driven to Adventist Bolingbrook Hospital by Wagner and another officer. At the hospital, he again refused to provide blood and urine.
"The nurse came to take my vitals. ... One of the officers said they'll hold me down and it will be very painful," Hayes said. "I didn't want that to happen [so I gave the samples]."
Under cross-examination by Assistant Will County State's Attorney Chris Regis, Hayes said he did not remember which officer said he'd hold him down.
Hayes said he asked to call a lawyer while he was at the hospital and was given a traffic ticket before being brought to the police station. He was not handcuffed until he was put in the holding cell at the station, he testified. Instead of agreeing to an interview, Hayes asked for a lawyer again and was released after about an hour, he said.
Rozak will decide whether the blood test results are admissible after Hayes' next court appearance next month.