Man drove into girlfriend while on phone with her, police say

She was on a sidewalk in Delray Beach. He was barreling down South Congress Avenue in a Jeep Grand Cherokee at 109 mph, police say.

Seconds later on that December night, James Alfred Avirett III would run a red light, whip into a right turn “made impossible by his speed,” crash into a Fiat Spider and then careen onto a sidewalk where he struck his girlfriend, who was likely on a cellphone call with him, cops said.

Avirett’s girlfriend, Dara Treechatinant, 41, died three days later — Christmas Day. The driver of the Fiat, Michael Fogg, 77, of Boca Raton, remains hospitalized in the Intensive Care Unit at Delray Medical Center, according to police.

The dizzying and tragic series of events began shortly before 8:30 p.m. on Dec. 22.

Avirett, 37, was driving north near the 1200 block of South Congress Avenue when he made a sudden U-turn and collided with the driver’s side door of the police car behind him.

The officer was unharmed. He followed but didn’t chase Avirett because of the “reckless nature” of

Avirett’s driving, a Delray Beach police report said.

Five seconds before crashing into Fogg’s Fiat at South Congress Avenue and Southwest 29th Street, Avirett’s Jeep was traveling at 109 mph — in a 45 mph zone — traffic homicide investigators determined. As Avirett applied the brakes while trying to turn, his speed decreased to about 53 mph when he drove into the Fiat, the investigation found.

The force of the crash sent Avirett’s Jeep onto the sidewalk where it struck Treechatinant, who landed about 50 feet away. The Jeep was stopped by a utility pole.

“It’s unclear why Treechatinant was standing on that sidewalk, about a half mile from the apartment they shared,” police spokeswoman Dani Moschella said Wednesday.

However, about two hours after the crash, investigators found Treechatinant’s cellphone. It was still connected to Avirett’s phone — which was found in the Jeep, “indicating they were likely on the phone with each other at the time of the crash,” Moschella said.

“From the physics of the crash and what the physical evidence shows, we believe James Avirett did kill his girlfriend, but he wasn’t trying to,” Moschella said.

Avirett lives in a condo in the Delray Oaks West community that was purchased in 2004 by his parents, who lived in Maryland. Neighbors said they did not think he had a job.

Neighbor Randy Weiers said she’d see Avirett “always on his phone, pacing out in front of his unit. He was not approachable.”

She said of the fatal crash, and Avirett’s situation, “It’s sad, really sad.”

Delray Oaks West board member Todd Kennedy said after Avirett’s arrest, a family friend arrived with a locksmith to change the locks on his condo.

So far, Delray Beach police do not know how Avirett and Treechatinant, of Palm Springs, met.

Relatives for Avirett could not be reached for comment.

Joslynn Lime, Treechantinant’s sister-inlaw, said on behalf of the family, “Dara was an extremely kind person who would do anything for anyone. She was always there in others’ times of need and was loved by those around her. She will be missed by her mother, brother, family and friends.”

The Palm Beach County Sheriff’s Office twice arrested Treechantinant in West Boca for suspicion of possessing heroin, in 2015 and 2018. The state attorney’s office declined to prosecute her in either case, court records show. Sunrise police arrested her in 2010, when she faced charges of possessing Oxycodone and Alprazolam. She pleaded no contest, was convicted with adjudication withheld and sentenced to probation. After violating probation she was arrested in 2014 and served 80 days in county jail.

A friend of Treechantinant’s from West Boca called her a very kind person who helped care for his dogs and loved all kinds of animals, even skunks and raccoons, Ray Hampton said.

“With her background — she was half Thai, half German — she spoke five languages,” Hampton said. “I know her family. She was supposed to travel with my family to Cincinnati for Christmas.”

He called her death “unbelievable.”

Avirett dated Treechantinant for about 10 months, he said.

“He was madly in love with Dara,” Hampton said. “Followed her everywhere. But they were constantly at odds.”

Avirett was arrested after the Dec. 22 crash and initially charged with multiple offenses including hit and run, fleeing police and driving with a suspended license. Following the investigation and the death of his girlfriend, Avirett is facing additional charges that include vehicular homicide, reckless driving causing serious bodily injury and speeding.

He remains in a Palm Beach County jail.