(Photo by Nathan DeBruin, Kenosha County Eye)
Kenosha, Wis. – Two serious felony charges and one misdemeanor against a 21-year-old Carthage College student were dismissed last week after the Kenosha County District Attorney’s Office determined it could not prove its case beyond a reasonable doubt.
Elijah J. Schoffstall, 21, of Inverness, Illinois, had been facing charges related to a May 2023 car crash. However, DNA evidence and expert testimony led to the dismissal of all charges. Schoffstall was represented by criminal defense attorney Patrick Cafferty.
The Incident
According to the criminal complaint, on May 20, 2023, at approximately 2:21 a.m., Kenosha Police Department officers responded to a crash near Carthage College. Officer Molina found a severely damaged silver Honda approximately 30 yards into a ditch along Alford Park Drive. The windshield was shattered, airbags had deployed, and tree limbs had punctured the dashboard.
Schoffstall was found lying on the ground, complaining of severe back pain. He admitted to consuming alcohol at a party but insisted that his girlfriend, “Emily Carter,” was driving. Witnesses and responding officers observed both individuals outside the vehicle and in an apparent state of confusion.
Contradictory Accounts and Investigation
Initially, Carter was charged with causing the crash. However, DNA evidence from the driver’s airbag excluded her as the driver. Instead, forensic testing confirmed that the airbag had Schoffstall’s DNA, while the passenger-side airbag had Carter’s. This evidence suggested that Schoffstall was likely in the driver’s seat at the time of impact, leading prosecutors to file charges against him in March 2024.
Defense attorney Patrick Cafferty challenged the prosecution’s case, citing missing evidence and the loss of access to the vehicle. In a motion to dismiss, Cafferty argued that law enforcement had released the vehicle from evidence in May 2023, preventing an independent examination of potentially exculpatory material.
Expert Testimony and Dismissal
Cafferty hired a certified engineer who provided an analysis of the crash dynamics. The expert’s report suggested that a driver who was not wearing a seatbelt could have been thrown into the passenger side of the vehicle upon impact. This theory was supported by the vehicle’s black box data, which indicated neither front occupant was restrained at the time of the crash.
A second round of DNA testing in late 2024 further complicated the case. DNA consistent with Schoffstall’s was found not only on the driver’s airbag but also on the passenger-side airbag and curtain airbag. Carter’s DNA was also found on the passenger-side curtain airbag, making it impossible to conclusively determine who had been driving.
In a letter to Carter, Deputy District Attorney Drew Burgoyne explained that, given the uncertainty of the evidence, the case against Schoffstall could not be proven beyond a reasonable doubt. On February 12, 2025, the charges were officially dismissed in Kenosha County Circuit Court.
Defense Reaction
Following the dismissal, Cafferty expressed gratitude to first responders, stating that his client and his family deeply appreciated the Kenosha Police and Fire Departments for their life-saving efforts.
“He’s a good kid, he’s a college student, and he’s looking to move on with his life,” said Cafferty. “He holds no ill will towards Emily, but he maintains his innocence 100%.”
Conclusion
The case highlights the complexities of forensic investigations and the challenges prosecutors face when relying on physical evidence and conflicting witness statements. With the case now closed, Schoffstall looks to move forward, leaving behind a legal battle that spanned nearly two years.
Deputy District Attorney Drew Burgoyne tells KCE that there are no further charges anticipated to be filed in this case.
25 Responses
They both are very lucky to be alive, obviously someone was driving at the time of the accident.
I am not sure why drinking is such a large part of the culture in Wisconsin, it’s almost like a rite of passage in this state.
FIrst off, 80-90% of students at Carthage are from Illinois
Secondly, Illinois residents can not hold their beer/liquor.
Thirdly, Schoffstall IS FROM ILLINOIS.
That’s ridiculous.
His DNA was on the Driver Side. Emily’s was not. No other people in the car. It is not “Reasonable” to think anyone other than Elijah was the driver.
He was the Driver….and he should be in jail.
It would take “OJ Jury” level of stupidity to not convict Elijah. It is too bad that the DA thinks so little of the intellect of a Kenosha Jury to be able to see through the Defense Attorney’s BS.
For Elijah to point the finger at his innocent female passenger shows him to be a Punk and a Dirtbag.
His Parents should be ashamed for raising and supporting this POS. They know he is guilty.
what about the position of the driver seat too. also points to him
Sadly, many attorneys move to strike jurors from the pool, that
they feel would be able to see through their charade.
Jury stupidity can hinder, or help either side.
Sometimes it can come down to a case of:
“Captain first pick.”
Sadly, Kenosha juries are quite often “OJ level stupid”. Personally, I would have liked to see it go to trial and let a jury decide, but I think reasonable people know what happened and hopefully there will still be a civil suit against him from the passenger for her injuries and anything else her lawyer can think of. I don’t think it’s enough of a penalty, but between injuries, loss of vehicle etc. It’s not like anyone walked away untouched.
A rich kid from Inverness gets off because he has money. We see that time and time again. DNA proved where each person was at the time of the crash but some “expert” makes up a theory and the case is dropped because of connections.
Couldn’t be more false. He only got charged cuz of the connections in Kenosha. Was innocent !!
BS he used his girl as the fall
Another L for this new knight in shining armor DA.
Kid was innocent from the jump you all need to stop believing what u read. Happy for Elijah
You must be trolling. Nobody is stupid enough to have that opinion.
Keep in mind….Scumbag Elijah was willing to let an innocent girl go to jail to protect himself.
You must be trolling u wouldn’t be anonymous if u weren’t. Do some research lil puss
“Ohhh shut up” is still anonymous retard
he’s as guilty as you are gay
His dad paid to get him off
I would hope there would be street cameras somewhere that would show who was driving….but I guess not….
Blame each other and you automatically have reasonable doubt.
Nobody else was involved. No Innocent bystanders were harmed.
Our DA not wasting his time or our money.
Hey “Just Like”……are you even reading your own writing?
Two people blaming each other does not automatically create Reasonable Doubt. Absent any evidence, that concept may be true. However, the ONLY evidence in this case (Driver Seat DNA) points the finger at only one person. I’d love to know what further proof someone would need to convict in this situation. He was in the Driver’s seat. She was not. This should have been a pretty quick trial.
No innocent bystanders? Well, there was an innocent girl in the Passenger Seat who was injured…and then initially arrested…. because Elijah lied to the cops on the scene. She could have been sent to jail were it not for the DNA. I would say that fits the definition of Innocent Bystander to the crimes committed by “He’s such a good boy”, Elijah.
DA wasting money? Just because Elijah got lucky that Emily wasn’t killed….or didn’t hit your family or mine head on….it does not change the gravity of what he did. He committed felonies, lied to police, and tried to put an innocent girl in jail to cover his crime.
How much of “our money” will it cost when this little punk….. who is unrepentant and highly likely to repeat his actions of that evening…..actually does plant his car into the front seat of Kenosha Citizens that you or I may or may not know?
Womp womp 😢
It doesn’t look like you actually read the article. Both of their DNA was found on the passenger side. It’s not clear who was driving and his DNA being on both sides of the car isn’t proof beyond a reasonable doubt that he was driving.
The article and evidence showed that Elijah’s DNA was on the Driver Side Airbag. Emily’s was not. The fact both of their DNA was on the Passenger Side only indicates that the impact of the crash in some way had Elijah pushed in that direction or he crawled in that direction post-crash. It is irrelevant to who was driving.
As you know, an Airbag inflates and hits the Driver instantaneously upon impact. Elijah is the only on earth who could possibly have been in the Driver Seat based upon the single piece of evidence relevant to that question.
It is weak minded people like you that make DA’s skittish about cases like this. It is weak minded people like you that are the reason Walking Time Bomb’s like Elijah are sharing the Kenosha roadways with people you and I both care about.
Maybe- a witness seeing them drive away? Did they stop at fast food drive through, they have cameras? Any security cameras on the route before the crash? . . . Any other clues like where their cell phones were found, how far back was the driver’s seat set- he may have been taller, would have pushed the seat way back . . . did his injuries match being thrown from the passenger or driver’s side? Foot prints in the ground if they left the wreck and were not thrown – cops found them away from the car- verify thrown vs stumbled out of the car, were they found together? . . . would have been a great trial if he lied and you had a sherlock Holmes uncover all these other clues that would have exposed a truth opposite his narrative. In the end – speculative for now. . . . He is innocent until proven guilty . . . look for more clues. May she will change her story on social media or another friend say he saw him driving away from the party . . . Only God knows
He’s a scumbag who got away with it.
Trying to understand how people still don’t wear belts in 2025. Just based on the annoying alarms you would think people would use them.
I would have liked to see what a jury would have decided . . .