The Santa Clara District Attorney’s Office declined to charge
the alleged driver of a car involved in a high-speed double-fatal
accident Thursday.
The district attorney’s office sent the case back to Gilroy
police for further investigation Tuesday, in part because there is
doubt as to whether David Torres, the alleged driver, actually was
at the wheel at the time of the accident, a source close to the
investigation said.
The Santa Clara District Attorney’s Office declined to charge the alleged driver of a car involved in a high-speed double-fatal accident Thursday.
The district attorney’s office sent the case back to Gilroy police for further investigation Tuesday, in part because there is doubt as to whether David Torres, the alleged driver, actually was at the wheel at the time of the accident, a source close to the investigation said.
Police arrested Torres, 18, Thursday morning for driving under the influence, gross vehicular manslaughter while intoxicated and fleeing the scene of an accident after committing vehicular manslaughter.
Police said that he drove the Dodge Plymouth that rolled over and caused the deaths of 30-year-old Joel Zabala of San Martin and 28-year-old Robert Aguirre of Gilroy while under the influence of alcohol and concluded that Torres was the only other person in the car.
However, multiple witnesses at the scene said they saw at least two people flee the vehicle, and friends and family repeatedly have claimed that Torres had no driver’s license and would never drive a car. Numerous witnesses said that there were at least four people in the car at the time of the crash.
The Plymouth careened out of control just before 1 a.m. at Sixth and Alexander streets, snapping a light pole in half, striking a tree and awakening the neighborhood
Police could not be immediately reached for comment Tuesday evening.
District Attorney spokeswoman Amy Cornell said it is not uncommon for the district attorney’s office to forward cases to investigating agencies for further review.
“It happens a lot,” she said.
For instance, sometimes the district attorney’s office wants an agency to conduct more interviews or to create an accident reconstruction, she said.
The sister of one of the deceased crash victims, Emily Reyes, contested the conclusion drawn by police. She said that Torres, who dated her niece, didn’t drive and was adamant that the charges were false.
“The Gilroy Police Department needs to do the job correctly because the person they’re trying to get for this doesn’t know how to drive a car. He walks everywhere he goes,” she said. “It’s upsetting to my whole family. We already have enough upset. To hear they’re charging him with this is even more upsetting.”
Police said Torres fled the accident scene on foot, but was apprehended soon after. Arrest records show he was arrested at 6:35 a.m. Thursday at Forest and Sixth streets.
Anyone with information related to the investigation can call Investigator Nestor Quinones at 846-0300. Those wishing to remain anonymous can call the police department’s anonymous tip line at (800) 782-7463.
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