DUI now suspected of causing crash that killed Oldham County teen

LOUISVILLE, Ky. (WAVE) - One day after Theresa Devine was charged with murder in a crash that killed an Oldham County teen, police said DUI will also be added to the list.

The DUI charge, which sources told WAVE News was suspected to be related to opioids, was omitted by the Oldham County Commonwealth’s Attorney by mistake.

They plan to present the evidence during Devine’s arraignment.

Zoe Fairfield was driving her sister, Lily, to school on November 10 when police said Devine slammed into them in LaGrange.

Lily, who was about to graduate, did not survive. Through the shock and grief, Zoe remembered seeing Devine acting strangely.

“She was kind of stumbling around,” Zoe recalled. “Like holding on to the back of the truck for kind of support.”

Oldham County Police believed Devine was impaired during the crash.

Kentucky State Police completed the blood samples taken from Devine in November. Sources told WAVE News it’s opioids they suspected.

Drugs were a problem Devine herself admitted to police three days prior to killing Lily when she was pulled over while driving erratically high on Suboxone.

Devine pleaded guilty to the DUI charge on November 7.

Zoe clearly remembers one more thing about Devine that day.

“I know that if I was in a crash with someone else, and I was able to walk around, I would definitely want to go check on them, and she never did any of that,” Zoe said. “I never talked to her or did anything like that.”

Devine was placed on a $1 million bond and is also charged with several counts of wanton endangerment for all the drivers that had to swerve to avoid her.

Oldham County Commonwealth Attorney Courtney Baxter provided the following statement on the indictment on Tuesday evening:

“The Commonwealth was focused on the most serious charges including the murder of a juvenile victim and assault in the first degree when preparing the case for grand jury. Operating a motor vehicle under the influence is an element of the proof for those serious charges. (DUI is a misdemeanor and any sentence imposed will run concurrent with any felony time according to law). It was oversight that it was not included as a separate charge which will be remedied at a future grand jury.

It is the policy of our office to not discuss the particular proof in a pending case, but I am certainly willing to discuss any procedural matters with you. Please do not hesitate to reach out with any questions about such matters.”