Jacob Penaflor, 40, faces a Class 2 felony count of aggravated driving under the influence of drugs in the May 21 crash that left 39-year-old Benjamin Weidel of Prophetstown dead, according to Whiteside County court records.
Court filings allege THC was present in Penaflor’s system within two hours of the crash at a level that violated state law, and that this violation was a “proximate cause of death.”
In addition to the felony charge, Penaflor also faces misdemeanor counts of operating an uninsured motor vehicle and disregarding a stop sign.
Court records also show that separate traffic citations for operating an uninsured motor vehicle and disregarding a stop sign, filed against Penaflor on May 21, were dismissed on June 16 at the state’s request.
According to a news release from the Whiteside County Sheriff’s Office, deputies responded around 4:35 p.m. May 21 to a crash detection alert near Perkins and Mill roads. Investigators determined Penaflor was driving a black 2007 Ford 500 southbound on Perkins Road when he failed to stop at a stop sign. His vehicle collided with a black 2024 Chevrolet crossover driven by Weidel, who was traveling east on Mill Road.
The impact caused Penaflor’s vehicle to roll multiple times. He sustained non-life-threatening injuries and was treated. The crash was investigated by the Sheriff’s Office Traffic Crash Reconstruction Unit.
If convicted of aggravated DUI involving a death, Penaflor could face 3 to 14 years in prison. The law requires a mandatory prison sentence unless the court finds extraordinary circumstances warrant probation. Penaflor is scheduled to return to court Oct. 30.
The public is reminded that all charges are merely accusations. The defendant is presumed innocent unless proven guilty in a court of law.
