|A Fillmore woman will be sentenced Nov. 6 in connection with an Oct. 12 , 2007 car crash that killed her husband.|
Under the terms of a plea agreement, Tonya M. Benassi, 35, would plead guilty to one count of Class C felony reckless homicide and one count of Class D felony welfare fraud in an unrelated case.
|In exchange for those guilty pleas, charges of Class C felony criminal recklessness and Class B felony aggravated battery will be dismissed.|
|The agreement stipulates that sentencing for Benassi will be left up to the court. If convicted on both counts, Benassi could be sentenced to up to 11 years in prison.|
|According to police reports, Benassi and her husband Tracy were driving their mid-1990s Chevrolet Camaro on C.R. 75N (Right-of-Way Road) near Fillmore on Oct. 12, 2007 when the vehicle left the roadway and landed on the railroad tracks below.|
|Both of the Benassis were airlifted to the hospital following the accident. Tracy died the next day at Methodist Hospital in Indianapolis.|
|Following an investigation, Benassi was arrested in connection with the accident in December.|
|Putnam County Prosecutor's Investigator Charles Bollinger conducted an interview with one of Tonya Benassi's friends who, according to a probable cause affidavit, was told by Tonya that she and Tracy were arguing at the time of the crash and that Tonya, who was driving, became angry and "floored the vehicle."|
|Tonya Benassi, according to the probable cause document, told investigators that she was in fact speeding at the time of the crash but that she didn't know how fast she was going.|
She blamed Tracy for causing the crash, telling investigators that he told her to slow down and put the car into neutral, causing it to go out of control.