By HEATHER PYLES, CJ Staff Writer
Commonwealth Journal
Somerset
July 02, 2009 08:35 pm
—
A Somerset man charged with murder in the death of a Rockcastle County woman in a two-vehicle accident will see his case go to the grand jury.
Pulaski District Judge Jeffrey Scott Lawless during Thursday’s preliminary hearing stated that enough evidence was presented by the county that would warrant a grand jury decision in the murder case against Jose Santiayo Cuevas, 26, of East Mt. Vernon Street.
Cuevas was charged with murder, second-degree operating a motor vehicle under the influence, first-degree failure to maintain required insurance, and not having an operator’s license on Sunday, June 21 after he lost control of his vehicle on Ky. 39 and struck another vehicle.
The driver of the second vehicle, Shelia R. Lovell, 38, of Mount Vernon, was pronounced dead at the scene.
During Thursday’s proceedings Paul Henderson, with the Pulaski County Attorney’s office, called Danny Pevley to give his statements about the crash and the events that followed.
Pevley said he was called to the site of the crash, which reportedly happened around 2:30 p.m., as a member of the Pulaski County Sheriff’s Department’s Accident Reconstruction Unit to investigate the accident. Once there, Pevley said investigators determined that Cuevas, operating a 1997 Ford pick-up truck, had been traveling south bound on Ky. 39 approximately 12 miles north of Somerset when his tires dropped off the side of the road. Cuevas then overcorrected in an attempt to get back onto the road and collided with Lovell, who was driving a 2007 Chevrolet north bound.
“ ... He lost control,” Pevley said.
Cuevas had to be extracted from his vehicle and was transported to Lake Cumberland Regional Hospital.
Pevley stated that Lovell was ejected from her vehicle and sustained fatal injuries. He also stated during the hearing that it appeared she was not wearing her seat belt at the time of the accident.
Pevley stated that while he was on the scene investigators discovered 12 cans of beer in Cuevas’ vehicle. Pevley stated he recalled that four of the cans had been opened and were empty. Many of the cans burst during the accident, which sent both vehicles spinning.
“That’s when we suspected alcohol may have been involved,” Pevley stated.
Toxicology results are still pending, but Pevley said Cuevas later said he drank “four or five” beers before the accident.
“There’s no doubt,” Pevley said. “He was really intoxicated.”
Jim Cox, who was representing Cuevas, questioned whether Cuevas understood the situation on that Sunday, and whether he truly understood his Miranda Rights, which Pevley said he read to him later the evening when he made the arrest.
“I wanted to make sure he did understand what was going on,” Pevley said.
A translator was in attendance Thursday to provide Cuevas information about the hearing.
When questioned further, Pevley said he read a majority of the Miranda rights to Cuevas in english. Pevley said he would stop and ask “Comprende?” to Cuevas after every sentence, to which Pevley said he replied yes.
Pevley also said when asked about his alcohol consumption Cuevas would answer back with english numbers. Pevley stated there was no Miranda Rights form available at the time for Cuevas to read on his own.
“You’re asking a pretty seriously inebriated person about waiving these important constitutional rights?” Cox asked Pevley on Thursday.
Pevley answered he believed Cuevas understood what was happening.
Cox also raised questions about the murder charge brought against Cuevas, stating that second-degree manslaughter, a lesser charge, “specifically mentions” vehicular death. Cox asked Pevley why he chose to charge Cuevas with murder.
“Well, someone was killed,” Pevley answered.
“Someone is killed in second-degree manslaughter,” Cox answered.
Pevley said he understood the differences in the two charges.
“Why would I charge a man with (second-degree) manslaughter when I can charge him with murder?” the deputy asked. “When a defendant chooses to operate a vehicle under the influence of alcohol ... it’s extreme indifference to other human lives.”
Cox expressed more concern about Cuevas’ blood alcohol level at the time of the crash, and he also stated the defendant was not speeding at the time of the crash.
Cuevas reportedly told investigators he was traveling around 50 to 55 mph at the time of the crash. That cannot be confirmed until information from the two vehicles’ electronic data recorders are retrieved.
The speed limit on that section of Ky. 39 is 55 mph.
Cox also emphasized to the court that Lovell apparently was not wearing her seat belt at the time of the crash, adding that prosecutors could not “take that leap” and asked whether Lovell would’ve survived the crash had she been wearing a seat belt.
“To charge murder under these circumstances is too much,” Cox said.
Henderson replied that circumstances call for murder simply because Cuevas operating a vehicle on the road under the influence of alcohol.
Lawless stated he felt Cox’s argument about the seat belt were not “appropriately raised,” and added he felt that to be more of a defense for trial, not for a preliminary hearing to determine probable cause.
Lawless set the case for review in approximately 60 days and maintained Cuevas’ bond at $100,000 cash.
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Photos
Cuevas