Driver reportedly using phone before fatal Oak Grove wreck: Search warrant

OAK GROVE, Minn. (FOX 9) - A driver who troopers say struck and killed a motorcyclist in Oak Grove, Minn. earlier this month was allegedly on her phone before the crash, a search warrant claims.

What we know

Kelly Matthew Linder, 49, of Albert Lea was killed in the crash on Saturday, Oct. 5 in Oak Grove, Minn.

Deputies say Linder was riding a motorcycle, and was stopped along Viking Blvd Northwest waiting to make a turn into a business near Lake George Blvd when his motorcycle was struck from behind by an SUV.

Despite efforts from first responders, Linder was pronounced dead at the scene.

What's new?

In search warrants filed on Oct. 14, authorities say a witness told them the driver admitted to using her phone leading up to the crash.

According to the court documents, the witness said the SUV driver had told them that "she had been on her phone and not paying attention," according to the search warrant. 

But later, witnesses said she changed her story, saying the sun had been in her eyes. She later blamed the sun for the crash when speaking with deputies, the documents state.

However, the crash happened shortly before noon, when the sun was high in the sky. Deputies said they don't believe it was likely a factor in the crash.

Deputies seized the SUV driver's phone. The search warrants are seeking permission to forensically examine her phone, to determine if the driver was using it at the time of the crash.

Context

As of Wednesday, no charges have been filed in the case. Since the driver hasn't been charged, FOX 9 is not identifying her.