Man accused in fatal crash had prior DUI arrest
NORRISTOWN >> A West Norriton man was serving probation for a December 2019 drunk driving offense in Norristown at the time he allegedly caused a fatal Lower Gwynedd crash while driving drunk in May, court papers revealed.
Gabino Lucas-Lagunes, 30, of the 1000 block of Northridge Drive, currently awaiting trial in connection with a May 6 DUI-related crash in Lower Gwynedd that claimed the life of a passenger in his vehicle, had been admitted to Montgomery County’s Accelerated Rehabilitative Disposition program
on June 30, 2020, on charges of DUI general impairment and driving without a license in connection with a Dec. 29, 2019, traffic stop in Norristown, according to court papers.
During the June 30, 2020, court hearing, a judge ordered Lucas-Lagunes to complete one year of probation, 24 hours of community service and to complete safe driving school and his driver’s license was suspended for two months under the terms of the ARD agreement. He also was ordered not to operate a motor vehicle.
The ARD program is a special probationary program that allows first-time offenders of non-violent crimes to clear their criminal records if they successfully complete a period of probation. The program does not require offenders to admit guilt.
County Assistant District Attorney Mark Antonacio has filed court papers asking a judge to revoke the ARD sentence now that Lucas-Lagunes is charged in connection with the alleged May 6 fatal DUI crash. Antonacio argued Lucas-Lagunes “violated the terms and conditions” of ARD probation with a new arrest “and ARD should be revoked.”
If a judge revokes the ARD sentence, Lucas-Lagunes, who also listed an address along Main Street in Lansdale, faces the possibility of receiving a jail term for the 2019 Norristown DUI arrest. A violation hearing has not yet been scheduled.
On Dec. 29, 2019, Norristown police stopped a Dodge Caliber operated by Lucas-Lagunes for an alleged traffic violation at Green and Penn streets, according to court documents. Police alleged Lucas-Lagunes had bloodshot, glassy eyes “and appeared to be under the influence of something” and did not comply with initial police commands to exit the vehicle.
When an officer opened the vehicle’s door he could smell “a strong odor of alcohol coming from inside the vehicle and from the driver,” according to an arrest affidavit. A passenger in the vehicle told police that he and Lucas-Lagunes had been drinking.
Lucas-Lagunes, who allegedly was unlicensed to drive at the time, had to be removed from the vehicle by force and he refused to submit to a blood test. Police subsequently charged Lucas-Lagunes with DUI general impairment.
Lucas-Lagunes was about two months away from completing the oneyear ARD probation sentence when he was involved in the fatal Lower Gywnedd crash.
Earlier this week, LucasLagunes was held for trial on charges of homicide by vehicle while DUI, accidents involving death or injury while not licensed and related charges in connection with the May 6 two-vehicle crash that claimed the life of 37-year-old Jose Martinez-Diaz of Philadelphia, who was a passenger in Lucas-Lagunes’ vehicle.
Authorities alleged LucasLagunes was driving with a blood-alcohol content of between 0.217% and 0.243% at the time of the crash, which is more than twice the legal driving limit of 0.08%.
The crash occurred along DeKalb Pike, or Route 202, in Lower Gwynedd.
The investigation began about 3:28 a.m. May 6 when Lower Gwynedd police responded to the 500 block of DeKalb Pike for a report of a crash involving a 2006 Subaru Legacy, allegedly operated by LucasLagunes, and a 2014 Mack fuel truck that was stationary at the time of the crash, according to court papers.
Martinez-Diaz, the front seat passenger in the Subaru, “had no signs of life when police and medical personnel arrived at the scene” and was pronounced dead at the scene, according to the criminal complaint filed Lower Gwynedd Police Officer Timothy F. Evard.
The investigation determined the fuel truck was stopped and parked in the southbound lane of DeKalb Pike, or Route 202, while the operator was in the process of making a fuel delivery, according to the arrest affidavit. The fuel truck had its four-way flashers and a revolving yellow warning light in operation on the rear of the vehicle, investigators said.
Lucas-Lagunes’ vehicle was proceeding southbound on DeKalb Pike approaching the fuel truck and just prior to impact Lucas-Lagunes applied steering input to the left in an attempt to avoid the crash, according to the criminal complaint. The passenger side front and side of the Lucas-Lagunes vehicle struck the driver’s side rear section of the fuel truck.
Investigators alleged the flashing lights on the rear of the truck could have been observed from a distance of about 722 feet by an approaching vehicle and that they observed no signs of pre-impact braking from the Lucas-Lagunes vehicle.
Investigators also determined Lucas-Lagunes did not have a valid driver’s license at the time of the crash as it was under suspension until October 2022 for eight violations.