Heather Isringhausen Gvillo Jan. 3, 2014, 1:10pm


A man accused of killing a Godfrey man by crashing into his home after consuming alcohol has answered the complaint by invoking his Fifth Amendment privilege.

Defendant Jacob Fickle answered the lawsuit on Dec. 17 and demanded a trial by jury.

He also filed a motion to stay discovery and further proceedings on Dec. 17 due to his Fifth Amendment assertion.

“Unless discovery and other proceedings are stayed so long as the Fifth Amendment of the United States Constitution applies, to require or allow discovery or other proceedings herein to continue would violate the Fifth Amendment rights and privileges of the defendant,” the motion states.

Brian Bushnell, individually and on behalf of the estate of Marlin F. Bushnell, claims Fickle was driving on Saturn Drive on Jan. 13, 2013, when he left the road and crashed his car into Marlin Bushnell’s home. Bushnell allegedly died as a result of the injuries he received in the incident, the suit states.

Brian Bushnell, Marlin’s son, claims Fickle was drunk when he drove off the road, the complaint states.

Brian Bushnell blames Godfrey bar, defendant Beer Barrel Pub, for serving drinks to Fickle prior to the crash, violating the Illinois’ Dram Shop Act.

Bushnell seeks a judgment of more than $200,000.

Madison County Circuit Judge Andreas Matoesian is presiding over the case.

The Wittman and Lorton Law Firm of Jerseyville represent Bushnell.

Jeffery A. Cain of Freeark, Harvey & Mendillo in Belleville represents Fickle.

Madison County Circuit Court case number 13-L-1349

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