The evidence seized from Chandler Kania’s cell phone following the wrong-way crash that left three people dead last summer will be allowed into the upcoming trial. Superior Court Judge Allen Baddour issued that decision late Tuesday.

Kania’s defense attorneys had argued the search warrant seizing the phone was illegally served twice, but the judge disagreed.

Kania is accused of driving the wrong way on I-85 for at least six miles after several hours of drinking last summer. Kania’s Jeep slammed head-on into another vehicle, killing three of the four passengers.

Kania was a 20-year-old UNC student at the time and had a blood-alcohol content that registered .17 following the crash; that’s twice the legal limit for anyone to drive in North Carolina and Kania was underage at the time.

The search warrant for Kania’s cell phone was initially served in Kania’s hospital room where he was recovering from injuries sustained in the wreck. Kania’s parents did not have the cell phone in their possession at the time, but they offered to retrieve the phone from the family’s Asheboro residence, according to testimony from members of the state Highway Patrol at a motion hearing last month.

The investigating trooper sent another member of the Highway Patrol to the Kania residence to retrieve the phone. Kania’s defense attorneys argued that constituted a second service of the warrant and that the warrant did not authorize the search of the Kania residence. Baddour disagreed by issuing Tuesday’s ruling. In court last month, he was skeptical that constituted a second search because no law enforcement officer physically entered the Asheboro home.

Kania has been under house arrest at his parents’ home since being released from custody after posting a $1 million bond in July of last year.

On the one-year anniversary of the crash, family members of the victims – 49-year-old Felicia Harris, 46-year-old Darlene McGee and six-year-old Jahnice Baird – held a candlelight vigil in Chapel Hill. Another nine-year-old girl was seriously injured in the crash.

Kania has been charged with three counts of second-degree murder, among other charges. His trial is set to begin on October 3.

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