The Register Citizen (Torrington, CT)
Cops: Driver was drunk when car crashed into pole, killing 2
An 18yearold Stamford man was charged Tuesday morning with drunken driving and two counts of seconddegree manslaughter in the Canal Street crash in August that resulted in the deaths of two passengers.
Jerry Diaz, of Stamford, was also charged with two counts of seconddegree manslaughter with a motor vehicle, two counts of seconddegree assault, two counts of seconddegree assault with a motor vehicle, operating under the influence and reckless driving.
He was held on $250,000 bond and was arraigned Tuesday at state Superior Court in Stamford. His next court date is Dec. 20.
Wearing a plain white sweater, Diaz, who bears a large scar across his left temple from the accident, did not speak during the brief afternoon session. Howard Ehring, the public defender representing Diaz, asked for his bond to be reduced to $50,000.
Judge Richard Comerford denied the request.
“This is a horrific accident and should indicate to people to drive the speed limit and not be reckless with cars,” Ehring told Hearst Connecticut Media. “We are waiting to get the entire discovery package before we formulate our defense.”
Diaz’s father was in the sparsely filled courtroom but declined to comment on the charges against his son.
Seconddegree manslaughter and seconddegree manslaughter with a motor vehicle are both Class C felonies, punishable by up to 10 years in prison. Seconddegree assault and seconddegree assault with a motor vehicle are both Class D felonies, punishable by up to five years.
Killed in the crash that brought down power wires on Diaz’s car were Nishawn Tolliver, 18, and KyMani AntoinePollack, 19.
Tolliver was slated to start his senior year at Stamford High School at the time of the crash. Pollack was a recent graduate of Stamford schools.
Police say Diaz was driving between 91 and 96 mph down Canal Street early in the morning of Aug. 26 before crashing his mother’s Nissan Altima into two utility poles, snapping them in half, while carrying five passengers.
Police say his blood alcohol concentration was .137 percent, well above the .08 legal limit. For those under the age of 21, the legal limit is .02.
Tolliver’s mother, Shanika Mitchell, said she does not want Diaz to go to prison because it won’t bring back AntoinePollack or her son.
“Yes they were all friends, but at the same time if someone is telling you to pull over and stop driving because you’re driving reckless, maybe if he would have listened KyMani and Nishawn would be here today with their families,” Mitchell said.
According to the arrest affidavit, one of the passengers told Diaz that he was driving recklessly that night and she wanted to take an Uber home.
Mitchell said she hoped the tragedy would be a life lesson to many young teens who take risks behind the wheeel.
“They need to know that this is not OK,” she said. “This is a serious thing.
Driving drunk isn’t cool. It costs life, freedom and pain.”
Two of Diaz’s three female passengers, Amaiya Callahan and Alontia Moore, suffered serious injuries that included broken bones and brain hemorrhages, according to court documents. Erica Stephens suffered a lung contusion. Both AntoinePollack and Tolliver died from bluntforce trauma.
“Tragedies like this force us to review and reassess how interconnected we really are and the enormous destructive power is at our disposal with cars and alcohol,” said Philip Russell, the attorney representing Tolliver’s estate.
John LaCava, who is representing the AntoinePollack family, said Diaz’s arrest was not unexpected, but the family had no comment they wished to make at this time.