Carmen Huertas, 31, had a fun game to play with a car packed with girls going to a slumber party at her house. No it wasn’t counting VW bugs or out-of-state license plates. She asked which of the seven girls thought that she would crash. Since at least one girl was begging her to slow down, it was clear that some of the kids thought the answer was yes. It is not clear how Leandra Rosado, 11, voted: she died when the allegedly intoxicated Huertas crashed. Huertas notably was sober enough to pull her own daughter from the wreck but left the rest of the kids to fend for themselves, including Leandra who died on the side of the road.
The Bronx mother was reportedly so drunk at a party that her former boyfriend told her current boyfriend that she was not fit to drive after drinking cognac and other drinks. The current boyfriend confronted her and when she insisted on driving, he pulled his 14-month-old boy out of the car — possibly saving his life.
Huertas had more than one and half times the legal limit in her blood stream.
What is most interesting about the case is the statement of the district attorney that others might be charged. This would create an interesting legal question of whether the failure to take steps to stop Huertas makes them criminally culpable. One such person who was confronted about her condition was her mother who reportedly brushed off the suggestions that she was intoxicated.
There is also a possibility for civil liability. While Dram shop laws often exclude (or are interpreted as excluding) private social functions, a standard negligence case can still be brought. We have seen such claims in prior cases, here.
In one of the most chilling moments, Huertas was confronted by at least one of the girls about her driving and allegedly responded “[i]f you think this is bad, wait until we get on the highway.” She was tragically right.
She is now charged with driving while intoxicated and vehicular manslaughter.
Read more: http://www.nydailynews.com/news/ny_crime/2009/10/11/2009-10-11_mom_was_legally_drunk_in_crash_that_killed_11yearold_girl_say_cops.html#ixzz0Ux0qF6gX
The Manhattan District Attorney released a detailed account of the case against Huertas, here.
For the full story, click here.
Effed Up!
I am desperately trying to find one redeeming feature to this case that would lead one to conclude that our defendant here deserves anything short of public flogging. I am having considerable doubt I will ever find it. There was some reason that colonial courts had pillory stocks constructed just beyond the courthouse doors.
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From the article:
CARMEN HUERTAS has been indicted on one count of Manslaughter in the Second Degree, a class C violent felony, which is punishable by up to 15 years in state prison; two counts of Vehicular Manslaughter in the Second Degree, a class D felony, which is punishable by up to 2â…“ to 7 years in state prison; two counts of Vehicular Assault in the First Degree, a class D felony, which is punishable by up to 2â…“ to 7 years in state prison; four counts of Vehicular Assault in the Second Degree, a class E felony, which is punishable by up to 1â…“ to 4 years in state prison; two counts of Driving Under the Influence of Alcohol, a class A misdemeanor, punishable by up to 1 year in city jail; and five counts of Assault in the Third Degree, a class A misdemeanor, punishable by up to 1 year in city jail.
How did she get charged with two counts of DUI?
Deborah,
I agree with all of you that the driver should be punished severely for her actions, but I have a question. If the adults a….prevented her from driving, and she turned not to be legally intoxicated, would she have a claim against them?
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Two thoughts, One) Sometimes with the way that children are raised it is hard to tell who is in charge; Two) There is such a thing as Public Intoxication which has less of a standard than DUI. The children were at risk regardless of the degree of intoxication. Child endangerment is another charge that she could be charged with.
I am loss as to what liability her mother/grandmother is guilty of other than it appears bad parenting. Maybe she had the Patience of Monica….. mother of St. Augustine son of Patricius. NO CONNECTION TO BILL CLINTON and Lewensky.
I agree with all of you that the driver should be punished severely for her actions, but I have a question. If the adults at the party took away her keys or otherwise prevented her from driving, and she turned not to be legally intoxicated, would she have a claim against them?
Not my usual attitude, but in this case this woman should get all the weight of the law thrown at her and yes, others who allowed her to drive should face some charges. I can’t find a whit of empathy or sympathy for this human being.
I am hoping that this woman has a long time to rethink her shameful activities in state run facility where she won’t need her drivers license. I agree that there should be additional adults who could be liable for allowing her to drive these children while under the influence. She could have been stopped and a child’s life could have been spared.
Ok, now this is where the reckless indifference standard comes into play. I am not sure if this raises to the point where capitol punishment is deserved but damned close. I know when people are drinking that they make stupid decisions which affect the rest of their lives, in this case we have much, much more.
We have child abuse statutes that should come into play. However in my mind most of them are way over used and when needed not even considered an option.
This woman, mother hopefully will have the rest of her life to consider here choice. I can just imagine what Nancy Grace would say or do, after all when you are the pot you can call it black…..