Bail reduced after DUI error; apology made for fatal crash
Bail was reduced Friday from $500,000 to $300,000 for a motorist who prosecutors mistakenly said last month was nearly six times over the legal limit for blood alcohol content at the time of a Vittum Park car crash that killed a 12-year-old girl.
Daniel Regalado, 27, of the Little Village neighborhood, appeared Friday before Judge Mary Marubio, who reduced Regalado’s bail from $500,000 set last month to $300,000 during a bond hearing that was broadcast live on YouTube.
Originally, during his first appearance in the case, prosecutors said Regalado’s blood alcohol content was .457%. But Marubio, while acknowledging Regalado’s blood alcohol level was actually .045, which isn’t legally drunk, said there was only “one person in control of the gas pedal” in the “incredibly dangerous, reckless” driving that left 12year-old Cire Robinson dead following the Jan. 20 crash.
In Illinois, someone with a blood alcohol content of .08% or more is considered legally impaired and unable to drive legally.
Regalado is still being held without bond in three unrelated open cases. The charges against him remained largely the same: reckless homicide and aggravated DUI involving death. But one count of misdemeanor DUI was dropped, and a current aggravated DUI charge was amended to “impaired driving,” prosecutors said.
Regalado also claimed what was happening to him in court “wasn’t fair,” Assistant State’s Attorney James Murphy told the judge.
“The only person this isn’t fair to is that little 12-year old girl that doesn’t get to grow up,” Murphy said.
Regalado was behind the wheel of a Chevrolet Impala in a multi-vehicle crash about 9:35 p.m. Jan. 20 in the 4900 block of South Cicero Avenue, police and prosecutors alleged.
The dark gray Impala was going north in the median on Cicero, disregarding the lane marks, before it veered into southbound traffic at high speed, hitting a gold Cadillac Escalade head-on, according to police and a crash report.
Prosecutors said last month Regalado was going 66 mph in a 30 mph zone just one second before the crash, which left Cire’s father, who was driving the Escalade with Cire inside, and several others, including Regalado, injured.
Cire, of Oak Lawn, was taken to Advocate Christ Medical Center in Oak Lawn, where she was pronounced dead. An autopsy determined she died of multiple injuries from the wreck, and her death was ruled an accident, according to the Cook County medical examiner’s office.
Murphy explained to Marubio that prosecutors found “erroneous information that was provided to the court” as to the calculation of Regalado’s blood alcohol level. Still, Murphy said Regalado admitted to police he had “just a little weed,” and had a Mickey’s beer and a 40-ounce container of Corona beer earlier in the night.
Additionally, he said he was being followed by a vehicle that also began shooting at him, which was not true, Murphy said. He even told police he “didn’t want to press charges” for the shooting.
One of several witnesses to the crash was a Lyft driver who happened to have a working dashcam that captured the crash and the moments before and after it, including audio.
But no video showed anyone following Regalado or the sound of shots fired, which was also confirmed by no gunshot-detecting ShotSpotter technology evidence found by police.
Regalado also said Friday that he was having an argument with someone in the car who grabbed the wheel.
Before setting bail, Marubio said even if there was a struggle, Regalado was still driving the car.
“There is one person in control of the gas pedal,” Marubio said.
Regalado showed “complete disregard” for the safely of the public, and Marubio noted Regalado also was out on bond on three other cases.
His defense attorney told the court Regalado does understand what happened.
“The facts are horrific … a little girl is dead,” she said.
“There is remorse … there is a lot of guilt,” she said.
“I want to apologize to Cire,” Regalado said at the end of the hearing, his voice choking up.
“I have a daughter,” Regalado said.
Regalado, of the 2100 block of South California Avenue, has several prior convictions, including for domestic battery, and was due back in court Feb. 16.