The District Court in Brooklyn, New York is facing a unique case in which two drivers have been charged with the death of a single passenger after a fatal car accident. The District Attorney office has charged both Richard Roman-Santo and Gerrard Herbert, both 32 years old, for the death of one of the passengers who was in Herbert’s car. According to the DA’s office, both of the drivers were driving under the influence when the accident occurred and therefore, they are both liable for the crime. According to the auto accident lawyer representing Herbert, his client refused to a Breathalyzer test but a blood count for alcohol levels was ordered.
Facts of the Case as Presented by D.A
According to the D.A’s office, the accident occurred at 4.15 am on August 17th, 2014 at Eastern Parkway near Troy Avenue. According to the facts, as filed, the accident occurred as Herbert turned to join Troy Avenue and collided with Richard Roman-Santo car as he drove on the highway at 90 mph. According to the report, the victim who died was found in the back seat of Herbert’s car and passed on while being rushed to the hospital. Another passenger seated in the front seat of Herbert’s car also sustained serious injuries and burns.
Herbert was asked to take a Breathalyzer test but refused. A blood count was ordered and taken 7 hours after the accident. The alcohol level test result was 0.07 – thereby placing the alcohol level at the time of the accident at around 0.18 to 0.2. On the other hand, Roman-Santos registered an alcohol level of 0.08. His blood test was taken at the scene.
Charged with 26 Counts
Both lawyers representing the charged drivers will have a hard time proving that their clients are innocent of the 26-count charge. The charges include second-degree manslaughter, operating a motor vehicle under the influence and while impaired, second-degree reckless endangerment, vehicular manslaughter, criminally negligent homicide, third degree aggravated unlicensed operation of a motor vehicle, reckless driving, 3rd-degree assault among other violations. The drivers could face an imprisonment of up to 15 years if found guilty. So far, the auto accident lawyer representing Herbert negotiated bail of $30,000 bonds or $5,000 cash while that of Roman-Santos negotiated for bail of $35,000 bond or a cash bail of $20,000. The case is set to continue on December 17th, 2014.
Unique Case for the D.A and Lawyers
This is the first time in the history of the Brooklyn District Court that two drivers are being charged for the death of a single person after a motor accident. This placed the attorneys and the D.A’s office at an unprecedented position. The auto accident lawyer representing Roman-Santos is looking to argue that Herbert who took a turn and joined the highway wrongly without checking for approaching cars caused the accident. He argues that his client should only be charged for drinking under the influence as he recorded a high alcohol level. However, the D.A’s office is arguing that the accident was caused by the wrong decision that both drivers took on that fateful morning – both drivers were driving under the influence.