Driver who’s called a ‘clear danger’ gets maximum prison sentenceBy Melinda Miller | Published October 26, 2017 | Updated October 26, 2017SHARE TWEET His second arrest for driving while high cost Maxamillion Hernandez dearly on Thursday when he was sentenced to 1 3/4 to four years in prison on his conviction for vehicular assault.On May 10, 2016, Hernandez, 22, drove his speeding car through a red light in the Town of Tonawanda when he was in a chase with another vehicle. His car T-boned a taxicab on River Road, seriously injuring a passenger and also harming the driver.He also told investigators he had smoked pot earlier in the day.While Hernandez was free and awaiting resolution of the felony charges against him in that case, he was arrested on Aug. 16, 2016, while driving on Route 400 in West Seneca, and charged with driving while impaired.“So,” Erie County Judge Sheila A. DiTullio said to Hernandez on Thursday, “you have one case pending where people were seriously injured, and three months later you are arrested for the same thing again. “You drive when you are high a lot,” she said bluntly.Assistant District Attorney Christopher McCarthy said neither victim wanted to come to court to give a statement, but that they trusted the court to deliver a fair sentence. He also reminded the judge that one of the victims suffered a severe head injury and fractures to his leg and ribs, preventing him from working for some time.For the defense, attorney Sean Hill made a lengthy appeal for the judge to consider the “brief period of incarceration” recommended in a pre-sentencing report for Hernandez, possibly ordered him to spend weekends in jail so he could continue attending Erie Community College.He pointed out that video of the injury crash showed that Hernandez braked when he saw the other car, that he stayed at the scene and that he and his passenger tried to help the people in the taxicab.But Hernandez’s continued use of drugs, even after both arrests and counseling, was too much for the judge.“You’re just a clear danger and a threat to others on the road,” she said, before pronouncing the maximum sentence allowed for vehicular assault in the second degree, a Class E felony. A one-year sentence for his conviction for the second arrest will run concurrently.
VINELAND – For a third time within a month, a city man was revived by Narcan after he was found unconscious behind the wheel.
Richard Flores Jr., 28, of the 500 block of South Eighth Street, was arrested around 5:30 p.m. Friday after police received a call about a unconscious male driver behind the wheel of a vehicle at Myrtle Street and Michigan Avenue.
A witness told officers that the driver might be overdosing, noting there was a hypodermic needle stuck in Flores’ arm.
Flores regained consciousness after Vineland EMS administered Narcan. He was taken to Inspira Medical Center Vineland for further medical evaluation.
According to police reports, Flores was involved in motor vehicle crashes on Sept. 22 and Oct. 8 where he also overdosed at the scene and needles and heroin were found in his possession.
Narcan has been administered numerous times to Flores to revive him, however, “he is a repeat offender and is driving unlicensed and revoked,” police said.
Flores was charged with driving under the influence of narcotics and issued summonses for reckless driving, controlled dangerous substance in a motor vehicle, being an unlicensed driver, driving while on the revoked list, possession of drug paraphernalia, and other related drug offenses.
The case is pending in Cumberland County Superior Court and Vineland Municipal Court.
SHADY COVE — The Jackson County Sheriff’s Office arrested a Trail man Tuesday afternoon on several charges after a motor vehicle crash on Highway 62 near Old Ferry in Shady Cove.Richard Stephan Mori, 64, of the 9000 block of Elk Creek Road, was arrested on charges of driving under influence of intoxicants, reckless driving, endangering a highway worker and harassment.Deputies responded to a call of a motor vehicle crash at 3:32 p.m. after Mori’s vehicle, a white 1998 Ford F-150 pickup, rear-ended a logging truck and a passenger vehicle that were at a stop due to the work zone. The highway, an undergoing enhancement project by Oregon Department of Transportation, only had one lane open with flaggers direct traffic while construction crews working in the other lane.According to the press release, Mori got out of his car and became “confrontational” by pushing one of the other drivers. He also threatened to shoot one to them. According to the press release, no weapon was seen.As he drove away, Mori nearly struck a flagger in the highway work zone, the press release shows. He was then located by a deputy on Rogue River Drive at Orchard Lane. He was taken into jail after a traffic stop.At the jail, deputies also issued citations for refusing a breath test, careless driving and driving with an open container of alcohol.Jackson County Sheriff said in the press release Mori was not charged with a “hit and run” because there was no visible damage to the involved vehicles.
Arthur Lopez, 34, is accused of driving while intoxicated.An off-duty San Antonio police officer was arrested on suspicion of drunk driving after he went the wrong way down a one-way street and caused a collision, officials said.Witnesses identified the officer, Arthur Lopez, 34, as the driver of a silver pickup that was involved in a crash near Market and Navarro streets, authorities said. Police said they believe Lopez was traveling the wrong direction on Navarro, a one-way street, and caused the crash.Lopez allegedly exhibited six signs of intoxication, including a strong odor of alcohol and bloodshot eyes. Lopez allegedly swayed during a sobriety test officers administered at the scene. Lopez refused other sobriety tests and a warrant for a blood draw was applied, according to the release.He was booked into Bexar County Jail on a $1,000 on suspicion of driving while intoxicated.
A refresher, for those of you who’d forgotten the case: It was 8:30 a.m. on November 4 of 2015when witnesses say that then-30-year-old Sea Cliff resident Kirsten Andereck struck two Marina Middle School 7th graders who were walking in the crosswalk at Bay and Buchanan Streets.
According to police reports that the time, an ice cream delivery truck had stopped in the westbound lane of Bay Street to allow 12-year-olds Peter Nguyen and Julian Melendez to cross. Witnesses say that Kirsten Andereck instead passed the truck on the left and struck the kids with her white Volkswagen Tiguan SUV.
The collision was hard enough, ABC 7 reported at the time, that “the boys were launched into the air by the impact, thrown across the intersection. Their backpack, clothes, and shoes left scattered in the street.”
Andereck, who’d graduated from St. Ignatius College Preparatory in 2001, was a debutante at a Cotillion event hosted by the Cotillion Club of San Francisco in 2004. She was most recently employed as a teacher at several kindergarten and elementary schools in the city, and has a master’s degree in bilingual education from the University of San Francisco.
Her parents are Helga Andereck and Dr. William Andereck, who at the time of his daughter’s arrest was an internist and the medical director of California Pacific Medical Center’s Program in Medicine and Human Values.
She was arrested at the scene on suspicion of driving under the influence of alcohol or drugs, police said at the time.
“This has been an exceptionally emotional” time for Andereck, Lefcourt said following her appearance in court to enter her not guilty plea. According to media reports at the time, Andereck was in fact so distraught by the case that she’s “had to be hospitalized the last few days,” Lefcourt said.
Meanwhile, the kids were also being hospitalized, in their cases for broken bones and “traumatic injuries,” an attorney for their family said. They had both returned to school by August of 2016, when their families announced a civil lawsuit against both Andereck and the city of San Francisco, as they say safety improvements to the intersection might have prevented the collision.
And that brings us to today, where the wheels of justice continue to turn. A look at court records shows that the civil suit brought by the victims against Andereck and SF continues, the most recent filings made on October 12 of this year.
But what of the criminal case, tweeted so openly by the District Attorney’s office when charges were filed? That, too, winds on, as DA’s spokesperson Max Szabo tells SFist that Andereck’s next appearance in court is November 16 (it’s case number 15024617, to be called at 9 a.m. in Department 23 at the 850 Bryant courthouse, the court website says).
But that appearance is just a hearing, Szabo says. He confirms that Andereck “hasn’t changed her plea” to any of the charges, which means that unless a plea deal is reached, a trial is inevitable. When asked about a possible trial date, however, Szabo said regretfully that he had no details on timing of a “final outcome,” meaning that we might expect this case to drag on for some time to come.
GLENDALE, AZ – NOVEMBER 29: Quarterback Troy Smith #1 of the San Francisco 49ers watches from the sidelines during the NFL game against the Arizona Cardinals at the University of Phoenix Stadium on November 29, 2010 in Glendale, Arizona. The 49ers defeated the Cardinals 27-6. (Photo by Christian Petersen/Getty Images)COLUMBUS, Ohio — Former NFL player and Heisman Trophy-winning quarterback Troy Smith has been cited for possession of drug paraphernalia and operating a vehicle under the influence in Ohio.The Franklin County Sheriff’s Office says the 33-year-old was asked to move his car to a diversion area at a Columbus checkpoint Friday after deputies detected a marijuana odor. A spokesman says paraphernalia was found during a vehicle search and that Smith refused to take field sobriety tests.Smith was not arrested and instead was issued a summons to appear in court.Smith won the Heisman in 2006 during his senior year at Ohio State University, leading the team to the national championship game that season, where the Buckeyes lost to Florida. He played for four years in the NFL with two different teams.Smith was also arrested in April 2016 on charges of driving under the influence and marijuana possession.
A 42-year-old man is behind bars after a strange incident involving a stolen truck, a stolen backhoe and alleged driving under the influence.Here’s how it all went down, according to Pasco police:At about 11:22 a.m. Saturday, a citizen flagged down a Pasco officer near North 20th Avenue and West Octave Street. The citizen was concerned about a man driving a backhoe erratically in the area.The officer found an unoccupied backhoe nearby, with a man running away from it through Memorial Park.The officer stopped the man — Craig Burch of Kennewick — who was “EXTREMELY happy that officers were there to help him load the backhoe into a ‘77 Chevy C2 pickup (obviously a bit small to carry a backhoe),” Pasco police wrote in a post about the incident.It turned out Burch had outstanding warrants and his driver’s license was suspended.Also, the pickup and backhoe were stolen.Burch was arrested on suspicion of driving under the influence of narcotics, along with his warrants. He was booked into the Franklin County jail on investigative holds for possessing a stolen vehicle and theft of a motor vehicle, police said.
After a night of drinking and watching movies with friends, Patricia Pimentel sped out of her friend’s driveway, hit two parked cars, and was arrested and charged with operating under the influence.
At the Methuen police station, she was handed a form in Spanish that said the legal blood alcohol limit is .10 and that a jury would be notified if she refused to take a breathalyzer test.
Lynn Officer Released After OUI ArraignmentOctober 19, 2017 2:00 PMLYNN (CBS) — The Lynn Police Lieutenant arrested over the weekend on an OUI charge was arraigned Thursday in Peabody District Court.Lt. James Shinnick was released on the condition he not violate any laws upon penalty of being held 90 days without bail.Lt. James Shinnick in court Thursday. (WBZ-TV)Lynn Police Chief Michael Mageary said Wednesday that Lt. Shinnick performs administrative duties for the department, and that they would determine his duty status once they were finished investigating his arrest.He’s due back in court for a pretrial hearing on December 14.