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Woman Gets 20 Years For Fatal DUI Crash

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WEST PALM BEACH (CBS4)- A South Florida woman was sentenced to 20 years in prison for a DUI crash that left construction workers dead and one injured.

A Palm Beach County judge sentenced 45-year-old Cynthia Castoro Friday for the DUI manslaughter charge.

Authorities say Castoro was so drunk she could barely walk after hitting three workers in June 2009. Killed in the collision were 53-year-old Steve Dunn and 34-year-old Jesus Antonio Resendiz-Banales. The Palm Beach Post reported that a third worker, 39-year-old Clint Talley, was injured in the crash.

Investigators say Castoro’s blood alcohol level following the crash was .235 percent, nearly three times the legal limit.



Toxicology Report Released In Teen Driver’s Deadly Crash

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MIAMI – (CBSMiami.com) – A recently released toxicology report shows the University of Miami student involved in a deadly accident in Coral Gables had nearly triple the legal limit of alcohol in her system.

Coral Gables Police, who collected the blood sample shortly after the 4 a.m. accident that killed a grandmother on October 2nd, revealed Ivanna Villanueva’s blood alcohol level was .231 – nearly three times the legal limit of .08.

The state attorney’s office said “any driver with a reading over the .08 level is charged with DUI,” according to Miami-Dade state attorney’s office spokesman Ed Griffith.

The accident that occurred at the intersection of LeJeune Road and Majorca Avenue killed 68-year-old Eyder Ayala. Police say Villanueva was driving at a high rate of speed when she slammed into Ayala’s car.

Ayala, a mother to five and grandmother to seven, died at the scene.

Ayala’s son-in-law Anwar Sadeek reacted to the findings. “I’ve heard about this report and I am trying to find out more about it. I am very concerned.”

Soon after the accident, Sadeek told CBS4, “We don’t know why this had to happen to someone like this, someone who was good to everyone. She was an awesome person. That’s the hardest part of this.”

Other family members also expressed their grief.

“We don’t have her anymore. We are not going to see her anymore. We are not going to feel her kisses, her hugs,” said Brenda Vazquez, Ayala’s daughter. “I think she was the most valuable person in our family.”

Ayala’s family said they got worried when she didn’t come home from work at the McDonalds at SW 42nd Avenue and 9th Street where she’s worked for more than 20 years as a manager.

Ayala’s family is now trying to come to grips with the reality that their hard working mother and grandmother is gone.

Prosecutors revealed during Villanueva’s bond hearing that she was in possession of several fake IDs, which she used to gain entrance to LIV nightclub at the Fontainebleau Hotel.

Ayala’s family has sued Villanueva and her father, saying he is liable for her conduct.

The multi-million dollar lawsuit says she was “speeding, negligent and reckless.”

“We want to find out where she was drinking and who allowed a 19-year-old into their club and why this happened,” said Carlos Silva, Ayala’s family attorney.

The Villanueva family released this statement shortly after the accident:

The Villanueva family is exceedingly saddened by the events of this past Sunday [October 2nd] and Ivanna Villanueva is grief stricken over the tragic accident. Everyone in the family wishes to convey their deepest sympathies to the Ayala family at this very, very sad time. Our thoughts and prayers are with them.

Villanueva, 19, is currently under house arrest and she is allowed to continue to attend classes at the University of Miami pending her trial. Her arraignment is set for November 1st before Miami-Dade Circuit Court Judge Milton Hirsch.

Villanueva’s attorney Joaquin Perez was not immediately available for comment.


Mitchel Musso, “Hannah Montana” Star, Arrested For DUI

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NEW YORK (CBSMiami) — Mitchel Musso, best known for playing Oliver Oken on the “Hannah Montana” show, was arrested for allegedly driving under the influence in Burbank, Calif., according to multiple sources.

New York’s Daily News reports that the actor was pulled over on Oct. 16 after he failed to pay attention to an officer’s instructions to slow down in an intersection where an accident had occurred. The cops on scene said they smelled a “strong odor of alcohol,” and gave Musso a field sobriety test, which he failed, according to statements made by Sergent Sean Kelley of the Burbank Police Department to the newspaper.

TMZ, which first broke the story, reported that law enforcement officials said Musso had a blood alcohol content level well above California’s legal limit of .08 during the breathalyzer test. Also, the drinking age in California is 21; Musso is only 20.

Musso was arrested for suspicion of DUI, and bail was set at $5,000, according to TMZ. He was released from custody a few hours later.

Musso currently stars on two Disney Channel shows, and voices the character of Jeremy Johnson on the Disney cartoon “Phineas and Ferb.” “Prank Stars” is a program where a celebrity plays a prank on an unsuspecting fan. “Pair of Kings” is a series about two 16-year-old twins who are being raised by their aunt and uncle when they find out they are heirs to the fictional island of Kinkow.


Jim Leyritz Speaks About Triumphs & Tragedy

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VERO BEACH – (CBSMiami.com) – Jim Leyritz is a man whose life was defined by two moments – the first was on a baseball diamond when his home run helped his New York Yankees team to the 1996 World Series title. The second moment happened in 2007 when after a night of drinking and driving, Leyritz was involved in an accident that killed a mother of two.

The highly publicized trial kept Leyritz in the headlines for months. The family of the Fredia Veitch, the 30-year-old woman who died, was suddenly thrust in the spotlight while mourning her loss.

Now, nearly one year after Leyritz was found guilty of a DUI and acquitted by a jury of the greater charge of DUI Manslaughter, spoke about seeking redemption.

“She was my rock and it’s hard not to get emotional with that but she was my rock, she never gave up,” Leyritz said moved to tears recalling the love of his mother.

His mother, Leyritz said, stood by him at his darkest hour. After a night of celebrating his birthday on December 28, 2007 and drinking and driving, the one-time baseball icon, Jim Leyritz faced drunk driving and DUI manslaughter charges after hitting a car that left Veitch dead.

“I think the biggest thing that haunts me is that someone lost their life that night. No one would ever hope to be, want to be part of that,” Leyritz said.

Leyritz spoke to CBS4’s Chief Investigative Reporter Michele Gillen at the Vero Beach baseball dream camp he’s been visiting since he was a teen.

He described himself as a man who is far different now than he was when he first wore the Yankees uniform and made baseball history.

“The moment that every kid dreams of,” Leyritz said of the 1996 World Series title.

It was his million-dollar moment. This was his World Series home run – credited with leading the Yankees to their first world championship in nearly two decades.

“It’s almost like you are walking on air,” Leyritz said. “It’s almost like every little kid’s dream.”

It was a childhood dream.

“You had been practicing your signature to be a star, since you were a kid?” Gillen asked Leyritz.

“I started practicing in 9th and 10th grade,” he said. “I wanted people to ask me for my autograph. That is what I was looking forward to.”

His fall from grace was public and painful and ultimately he came crashing down.

“It was a horrible accident,” Leyritz said. “That moment, if you could change anything, that would be the moment that you would change.”

In the minutes following the 2007 accident, police told him they had a witness claiming he ran the red light.

“When I heard that, sheer panic,” Leyritz said. “I was like ‘no, no, no. That’s not what happened.’ Yes. I was guilty of drinking and driving. But at the same time, not responsible for the accident itself.”

Leyritz’ legal team convinced a jury he entered the intersection on a yellow light.

“I remember everything. The only thing I don’t remember is seeing her come through,” Leyritz said.

When asked who hit who, Leyritz replied, “I hit the back end of her car. She was already through the entire intersection.”

Leyritz said Veitch was going 50 mph, however, Veitch’s exact speed was never determined in court. But what was certain was that she was not wearing a seatbelt and died after being ejected from her car.

Leyritz was found to have blood alcohol levels above the legal limit – evidence was introduced in court that so was Veitch’s.

When asked if he ever wondered how he could go on, Leyritz said he never allowed himself to “get to that point.”

“Yes, I was guilty of drinking and driving that night but did not cause this accident,” Leyritz said.

The jury did not convict him of manslaughter.

When asked if he is an alcoholic, Leyritz replied, “No I never have been. Did I drink? Yes, but never to a point where it was an addiction. Never to a point where I needed it to survive.”

But now, because of that night of drinking and driving, the father of three says he is now on the road sharing his tragically learned lesson that alcohol and driving never mix.

“The whole idea of what my life has been, it’s not necessarily learning from my successes but learning from my failures,” Leyritz said.

Leyritz remembers Veitch everyday.

“There is not a day that goes by that I do not think about her and her two children,” Leyritz said.

When asked if he would ever drink and get in a car, Leyritz replied: “No. No. I would never, ever. You think it’s okay to have one, it’s not. If you’re going to have one drink, give somebody else the keys. Find somebody else to go with you that night.”

CBS4 reached out to Veitch’s widower Jordan who sued Leyritz. The Veitch family received a $350,000 settlement. In an email, Jordan Veitch said Leyritz “is holding to his obligations. Everything is up to date and on time.”

Leyritz has since published a book about those two moments titled “Catching Heat.”


Road Rage Suspect To Remain Behind Bars

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NORTHEAST MIAMI-DADE (CBSMiami) – A man accused of brandishing a gun at another driver during an alleged road rage incident, along with hitting several vehicles, appeared before a judge on Sunday.

During the hearing, bail was set at $38,000 for 28-year old Edwin Vilchez.

Even if he posts bond Vilchez will not be released, he’s on a ‘hold’ from immigration officials.

The alleged road rage incident happened Friday when Vilchez and an unidentified female driver got into a heated exchange at the Shell gas station at US 1 and 104th Street. The woman reportedly had children in the car.

A male passerby witnessed the incident and came to the aid of the female driver. That’s when police said Vilchez pulled a gun on the man.

The man got into his vehicle and drove on to the northbound State Road 826 (Palmetto Expressway). Police said Vilchez followed and rear ended the man’s vehicle. The man then pulled over on the side of SR 826, just before the Dolphin Expressway (SR 836) and called the Florida Highway Patrol.

According to Miami-Dade police, Vilchez was spotted traveling northbound on the Palmetto at a high rate of speed when he collided with several other vehicles.

One of the drivers allegedly hit by Vilchez was airlifted to Jackson Memorial Hospital in critical condition. Vilchez was taken into custody on Okeechobee Road just west of the Palmetto Expressway.

He’s been charged with Driving Under the Influence, Hit & Run with Injuries, Resisting Arrest with Violence, Displaying a Firearm and Criminal Mischief.


Dash Cam Video Played In Ex-Cop Cover Up Trial

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FT LAUDERDALE (CBSMiami) – The jury seated in the trial of a former Hollywood police officer accused of ‘fixing’ a report to cover for a fellow officer who was involved in an accident got to see first hand at least part of what he is accused of doing.

During Wednesday proceedings, they watched a dash cam video in which former cop Dewey Pressley, 45, told other officers he would do ‘a little Walt Disney’ to shift blame from the officer to the woman he hit.

Pressley is charged with four counts of official misconduct, four counts of falsifying records and one count each of conspiracy to commit official misconduct and conspiracy to falsify records, according to CBS4 news partner The Miami Herald. If convicted, he faces a maximum of 30 years in prison.

The accident happened February 2009 when officer Joel Francisco rear ended a car driven by then 23-year old Alexandra Torrens-Villa on Sheridan Street.

Torrens-Villa was arrested and charged with four counts of drunk driving. While seated in the back of a patrol car, she reportedly heard Pressley discussing how he shift the blame to her.

“We’ll do a little Walt Disney protect the cop because it wouldn’t have mattered because she is drunk anyway,” Pressley was recorded saying by car’s dash cam.

On Tuesday, Pressley’s lawyer said his client was the real victim of a conspiracy and the statements heard on the dash cam were just ‘huffing and bragging’. Attorney Rhea Grossman said Pressley’s report of the accident was based on the information provided to him at the scene.

In his report, Pressley wrote that a large cat which had been sitting in Torrens-Villas lap jumped out of the window. He wrote that the motion distracted her and she veered into Francisco’s lane and braked, causing the Francisco to run into her.

Torrens-Villas said she stopped on Sheridan St. after her cat had jumped out of the window. When she got out to look for the cat, Francisco rear ended her car.

When Torrens-Villas’ lawyer got the dash cam recordings released in July, all charges against her were dropped.

The following January, Pressley and Francisco were criminally charged and fired from the force. Three others involved in the cover up, including a crime scene technician and a sergeant, though not criminally charged were also fired.

Francisco has also been charged with misconduct. His trial will be held at a later date.

(TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed to this report.)


Star Witness Gives Vague Testimony In Hollywood Cop Trial

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HOLLYWOOD (CBS4)- It’s been nearly three years since the accident in Hollywood that set up a corruption investigation and eventual criminal trial.

Even so, the testimony from one of the central witnesses in this case was often shaky, vague and unsure.

For the second day in a row, the prosecution’s star witness, Alexandra Torrens-Vilas, took the stand. This time under tough, sometimes withering cross-examination.

“I don’t know sorry,” Torrens-Vilas had trouble recalling details as she spoke. “It was my word against his.”

She struggled to remember incidents.

“I know it was a large male,” she said.

She took long pregnant pauses… sometimes waiting 10, 15, even 20 seconds to answer questions.

“Sorry give me a minute,” she said.

Torrens-Vilas and a police dashboard video are the strongest evidence in the prosecution’s case against 45-year-old Dewey Pressley. The former Hollywood cop is on trial for allegedly doctoring the accident report to shift blame from fellow cop, Joel Francisco, who rear-ended Torrens-Vilas back in February 2009.

Despite the fact she had been rear-ended, the cops charged her with DUI and other traffic offenses, but charges that were later dropped.

On the police dashboard videotape Pressley can be heard saying he would, “Do a little Walt Disney” to protect fellow cop Francisco.

Torrens-Vilas said, “I don’t recall.”

Despite unsure testimony that dragged on for two and a half  hours, Torrens-Vilas said she was sure about certain critical details.

“That, I am adamant about,” she said. “Yes!”

Former Hollywood cop Dewey Pressley faces up to 30 years in prison if convicted of all 10 counts against him.


State Rests Case In Hollywood Cop Trial

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HOLLYWOOD (CBS4)- The prosecution rested its case Friday afternoon in the case of an ex-Hollywood cop on trial for allegedly fabricating reports in an effort to protect a fellow officer.

It’s been nearly three years since the accident in Hollywood that set up a corruption investigation and eventual criminal trial.

On Thursday, the testimony from one of the central witnesses in this case was often shaky, vague and unsure.

For the second day in a row, the prosecution’s star witness, Alexandra Torrens-Vilas, took the stand. This time under tough, sometimes withering cross-examination.

“I don’t know sorry,” Torrens-Vilas had trouble recalling details as she spoke. “It was my word against his.”

She struggled to remember incidents.

“I know it was a large male,” she said.

She took long pregnant pauses… sometimes waiting 10, 15, even 20 seconds to answer questions.

“Sorry give me a minute,” she said.

Torrens-Vilas and a police dashboard video are the strongest evidence in the prosecution’s case against 45-year-old Dewey Pressley. The former Hollywood cop is on trial for allegedly doctoring the accident report to shift blame from fellow cop, Joel Francisco, who rear-ended Torrens-Vilas back in February 2009.

Despite the fact she had been rear-ended, the cops charged her with DUI and other traffic offenses, but charges that were later dropped.

On the police dashboard videotape Pressley can be heard saying he would, “Do a little Walt Disney” to protect fellow cop Francisco.

Torrens-Vilas said, “I don’t recall.”

Despite unsure testimony that dragged on for two and a half hours, Torrens-Vilas said she was sure about certain critical details.

“That, I am adamant about,” she said. “Yes!”

Former Hollywood cop Dewey Pressley faces up to 30 years in prison if convicted of all 10 counts against him.



M-D Cop Arrested For DUI While In Patrol Car

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MIAMI (CBSMiami.com) – A Miami-Dade Police officer and his supervisors are under an internal affairs investigation after the officer, Fernando Villa, was discovered passed out and drunk in his patrol car in the middle of an intersection in West Kendall.

But unlike a normal drunk driver arrest, Villa was not placed in handcuffs and booked into jail.

Instead, he had to simply sign a form promising that he would appear in court, according to CBS4 news partner the Miami Herald.

The move by the supervisors on scene to allow Villa to avoid jail contradicted an order from Miami-Dade Police Director Jim Loftus to treat Officer Villa like anyone else in that situation.

Director Lofftus released a statement late Friday afternoon addressing the Villa situation; it read in part:

On rare occasions, an officer will choose to stray from his/her ethical standards and commitment to protect and serve the public.  It’s disappointing and embarrassing when that occurs. This goes against the very grain of what we stand for and enforce, and it clearly demonstrates that no one is immune from apprehension for driving under the influence of alcohol.

Villa has been relieved of duty with pay while the internal affairs investigation is underway.

Villa had been a member of the Miami-Dade Police Department’s Special Response Team at one point in his career, the Herald reported.


Deerfield Beach HS Asst. Principal Arrested For DUI

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DEERFIELD BEACH (CBS4) – A Deerfield Beach High School Assistant Principal was arrested early Sunday morning for drunk driving.

Keith Roberson, 38, registered a .217 and .212 on two separate breathalyzer tests, according to Sunrise Police.

Police say Roberson was observed on Pine Island Road swerving over the center lane at a high rate of speed and then crashing his SUV into the back of a Honda just before three in the morning.

Roberson was booked into the county jail and posted a $500 dollar bond before his release.

He was not in school Monday morning, according to students but word of his arrest spread quickly across the campus.

“He’s supposed to be a role model.  That’s being a hypocrite, you don’t tell people not to drink and drive and then you do it,” said sophomore Ryan Marseille.

Added Junior John Jolly, “I was surprised he was arrested.  He’s so silent.”

Parents expressed disappointment.

“I know we’re all human but what example are you setting for the students,” said mother Diana Rodriguez.

Her son Denzel is a sophomore and honors student at Deerfield Beach High School.

“He’s a good influence.  For him to do something like this, I didn’t think it was true,” said Rodriguez.

Other students wonder how it will affect his authority.

“By him doing that, it changes our whole point of view about him,” said Freshman Derrica Glenn.

“I felt hurt, I respected him, so it shocked me,” added Freshman Crystal Major.

Other students were sympathetic to the assistant principal

“I believe everyone deserves a second chance,” said senior Rubens Toussaint.

According to the school district, nothing prevents Roberson from returning to school because his position doesn’t require any driving.

 


Cops Warn “Drive Sober Or Get Pulled Over”

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MIAMI (CBSMiami) – Holiday parties can be a lot of fun, but police are asking that you skip the ‘holiday cheer’ before you get behind the wheel.

On Tuesday, Miami Police, Miami-Dade Police and the Florida Highway Patrol kicked off their annual “Operation Drive Sober or Get Pulled Over” campaign which will run through January 2nd, 2012.

“Drinking alcohol and driving do not mix,” said Miami police chief Manuel Orosa. “If you plan to consume alcohol, you should also plan not to get behind the wheel of a vehicle or ride a motorcycle.”

In 2009 alone, nearly 10,839 people died in crashes in which a driver or motorcycle rider was at or above the legal limit, according to the latest statistics from the National Highway Traffic Safety Administration. The age group with the highest percentage of alcohol impaired drivers in fatal crashes is young people age 21-24.

During the enforcement period, police and FHP troopers will show zero tolerance for impaired drivers and ticket those who are not wearing their seat belt.

Across the country, it is illegal to drive with a blood alcohol concentration of .08 or higher.

Those caught driving under the influence could face jail time, loss of their driver licenses or be sentenced to use ignition interlocks. In addition to the legal ramifications, DUI drivers face increased insurance rates, attorney fees, court costs, lost time at work and the potential loss of their job.


49ers Rookie Arrested For DUI On Miami Beach

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MIAMI BEACH, Fla. (CBSMiami) – San Francisco 49er rookie outside linebacker Aldon Smith was arrested Friday night and charged with driving under the influence.

Smith, 23, had just completed his first season in the National Football League after being selected with the seventh overall pick out of the University of Missouri.

Smith had 14 sacks as a linebacker in 2011.

He was first in the league in sacks for rookies and almost broke the rookie sack record in the NFL.

Smith was booked into jail Saturday morning and was freed on a $1,000 bond.

No further details on his arrest will be released until Monday.


Former SoBe Club King In Trouble With The Law Again

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MIAMI BEACH (CBSMiami) – Former South Beach club king Chris Paciello is in trouble with the law once again.

Miami Beach police say Paciello, 40, was arrested early Friday morning on a drunk driving charge.

Booked under his legal name Christian Ludwigsen, police said he was driving his dark colored Jaguar recklessly in the area of 7th Street and Jefferson Avenue. They believe he was driving more than 80 miles per hour.

Police pulled him over around 4:30 a.m. at 21st Street and Miami Beach Drive.

They said his eyes were blood-shot and watery and he refused a breathalyzer test.

Paciello was charged with driving under the influence and refusing to take a breathalyzer.

This not Paciello’s first run in with the law.

He spent seven years in prison for driving a getaway car in the 1993 robbery and shooting death of a Staten Island, N.Y., housewife. Paciello pleaded guilty to murder and robbery and was sentenced to 10 years in prison, which was reduced to seven for his cooperating in mob-related investigations.


DUI Manslaughter Trial Of Polo Mogul Underway

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WEST PALM BEACH, Fla. (CBSMiami) – Day two of testimony in the DUI manslaughter trial against Palm Beach County polo mogul John Goodman got underway Wednesday morning.

Monday saw famed defense attorney Roy Black spin a new tale of what happened the night Scott Wilson, 23, died.

Goodman is accused of driving drunk and speeding through a stop sign, knocking the car of Wilson into a canal where he died.

“And what did the defendant do? He walked away. And when he found a phone, he didn’t call 911. He called his girlfriend,” prosecutor Ellen Roberts said in her opening statements to jurors, according to CBS affiliate WPEC.

Black had a different take on events.

“He did not leave that scene and abandon someone to their death. He did not know there was somebody in that canal. He could not see that car,” Black said, according to WPEC.

The case has drawn national attention after Goodman adopted his younger girlfriend as his daughter, allegedly to hide proceeds from any pending civil suits.

Black said engineers say Goodman’s Bentley malfunctioned and that sensors shut the car down from the dashboard forward which is why the car raced through the intersection.

Goodman reportedly had a blood-alcohol level roughly twice the legal limit a few hours after the crash. Black said the alcohol was consumed after the crash at the home of polo player Kris Kampsen to ease the pain of his injuries from the crash, according to WPEC.

The state said Goodman spent more than $200 on a bar tab, including tequila, mind erasers and other drinks.

The first witnesses who testified on Tuesday established that Goodman was drinking in the hours just before the fatal crash; the defense argued the witnesses only saw Goodman have three drinks.

Wilson’s family was in the courtroom Monday, including his mother, father, and their civil attorney Scott Smith.


Jury To See Damaged Cars In Goodman Trial

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MIAMI (CBSMiami) – Jurors in the DUI manslaughter trial of Palm Beach County polo mogul John Goodman will be leaving the courtroom Thursday to see the two cars involved in the deadly crash that claimed the life of 23-year-old Scott Wilson.

Thursday could be the final full day of testimony for the prosecution, which claims Goodman was driving drunk and sped through a stop sign before knocking Wilson’s car into a canal where he died.

“And what did the defendant do? He walked away. And when he found a phone, he didn’t call 911. He called his girlfriend,” prosecutor Ellen Roberts said in her opening statements to jurors Monday, according to CBS affiliate WPEC.

Goodman has put his faith in famed defense attorney Roy Black. The noted defense attorney said Goodman didn’t drink until after the crash when he was at the home of a polo player, Kris Kampsen. Goodman’s blood-alcohol level was roughly twice the legal limit a few hours after the crash.

Black said engineers say Goodman’s Bentley malfunctioned and that sensors shut the car down from the dashboard forward which is why the car raced through the intersection.

The case has drawn national attention after Goodman adopted his younger girlfriend as his daughter, allegedly to hide proceeds from any pending civil suits.

The state said Goodman spent more than $200 on a bar tab, including tequila, mind erasers and other drinks.

Prosecutors plan on resting their case Friday after testimony is given by a medical examiner and forensic toxicologist who will confirm Goodman’s blood alcohol level three hours after the crash was twice the legal limit, according to the Palm Beach Post.

The first witnesses who testified on Tuesday established that Goodman was drinking in the hours just before the fatal crash; the defense argued the witnesses only saw Goodman have three drinks.

Black plans to call engineers who will testify about the Bentley’s alleged malfunction before the crash along with a doctor who treated Goodman for injuries he sustained during the accident. According to the Post, jurors could begin deliberating the case by next week.



Miami Woman Charged For Fatal 2010 DUI Accident

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MIAMI (CBS4) – Beatoiz Heria sobbed and nearly collapsed with emotion after learning the woman accused of killing her son had finally been charged in court. Heria had been waiting nearly a year and a half for that moment.

“Oh my God,” cried Heria in Spanish. “I never thought this would happen.”

Madelaine Torredemert held her hands in the praying position throughout her bond court hearing Thursday.

Investigators said back in December of 2010, Torredemert was driving drunk on the State Road 836/Dolphin Expressway when she hit Fernando Heria.

Florida Highway Patrol officers said Fernando Heria’s broken down car was in the safety zone right before the 42nd Street exit. He was standing outside when he was hit and the impact threw him far into the roadway, killing him.

“The defendant never called 911,” the prosecutor told the judge in court. “The defendant called and spoke to her friends and her friends came from Miami Beach to the accident site and when fire rescue actually got to her friends were already there.”

Prosecutors also said the tow truck had already arrived before paramedics arrived on the scene and Torredemert’s car was nearly a football field away from the crash site.

“She’s a murderer,” screamed Beatoiz Heria. “She’s a murderer because she never called 911, never, never, never!”

Prosecutors also told the judge that Torredemert has federal charges against her for credit card skimming. Prosecutors said she did commit the crime to pay for her defense attorney in her pending DUI manslaughter case.

Beatoiz Heria said Torredemert should never be allowed out on bond. She said she robbed her of a hard working loving son who was a student at Miami-Dade College, a restaurant manager and an avid cyclist.

A judge ordered Torredemert to remain on house arrest with an ankle monitor if she is able to bond out of jail.


DUI Manslaughter Suspect Yanks Bid To Attend Winter Music Conf.

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MIAMI (CBSMiami) – Ivanna Villanueva, the University of Miami student accused of DUI Manslaughter, asked for permission through her attorney to fulfill community service hours at the Ultra Music Festival in Bayfront Park. Hours later, after a torrent of outrage was directed at the teen over what was seen an insensitive act, her attorney withdrew the motion and apologized.

Originally, her attorney said she would be cooking with The Cordon Bleu to satisfy her community service requirement. The state raised an opposition saying it’s inappropriate for her to attend a festival considering the charges she is facing, a hit and run incident which left a grandmother dead.

Documents showed that the Villanueva, 19, was supposed to be the designated driver that night.

In a hand-written statement Ivanna Villanueva submitted to Coral Gables Police, she wrote that “it was my day as the designated driver.” But Villanueva’s toxicology report showed that she had nearly triple the legal limit of alcohol in her system.

The document is dated October 2nd, 2011 – the same night Villanueva was involved in a crash that killed a grandmother.

The woman who died in the crash – 68-year-old Eyder Ayala – has since been buried in Nicaragua.

Anwar Sadeek, the son-in-law of the victim, was in court and gave said his family was shocked the motion was even being considered. The family’s attorney, Paul Layne, said the festival is known for its alcohol use.

The judge said he would consider the motion if the defense attorney could provide the name of a person who will be supervising Villanueva as she completes her community service hours. The judge will make a final ruling on March 20, but late Friday afternoon, attorney David Markus told CBS4 that he had withdrawn the motion made on behalf of his client.

“We never intended to upset the family and we apologize,” Markus said in an e-mail to CBS4 News.

Villanueva is currently under house arrest and she is allowed to continue to attend classes at the University of Miami pending her trial.

Villanueva faces a vehicular homicide charge, DUI manslaughter and a felony for allegedly carrying a false driver’s license. If convicted she faces a maximum of 20 years in prison.

The accident occurred at the intersection of LeJeune Road and Majorca Avenue. Police say Villanueva was driving at a high rate of speed when she slammed into Ayala’s car.

Ayala, a mother to five and grandmother to seven, died at the scene.

Ayala’s family said they got worried when she didn’t come home from work at the McDonalds at SW 42nd Avenue and 9th Street where she’s worked for more than 20 years as a manager.

Ayala’s family has sued Villanueva and her father, saying he is liable for her conduct. The multi-million dollar lawsuit said she was “speeding, negligent and reckless.”


Jurors In Goodman DUI Manslaughter Case See Damaged Cars

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WEST PALM BEACH, Fla. (CBSMiami) – John Goodman is the millionaire founder of the Polo Club in Wellington, and the man accused in the drunk driving wreck that left 23 year old Scott Wilson dead.

Prosecutors say he had been drinking at a charity fund raiser before the crash.  Animation planed in court shows the collision pushed Wilson’s car into a canal where he drowned.  Now prosecutors are coming out with a new revelation – they say Goodman had more than just alcohol in his system.

“We were just made aware of this today when we were searching through the medical records,” said Prosecutor Ellen Roberts.   “Just made aware of what?” asked the judge.   “That he had taken the hydrocodone dose the morning of the crash. “

The defense is trying to show that Goodman was not drunk at the time of the crash.   They say his pricey Bentley malfunctioned.

“Well known polo player and friend of Goodman’s, Ignacio Figueras took the stand.  He was a celebrity bartender at the charity event the night of the crash back in February of 2010.  He said he never served Goodman a drink or saw him with alcohol.

“Did you smell any alcohol, alcoholic beverages coming off of him?” asked the defense attorney.

“ No,” said  Figureas.

“Did Goodman sound like he had slurred speech?” the attorney asked.

“No.  Not at all,” said Figueras.

Prosecutors tried to show the witness and Goodman were friends and in business together.

“Was he paying you play on his team?” asked Roberts.

“Yes,” said Figueras.

“And how much was he paying you?” the attorney asked.

“$120,000,” he said.

Goodman’s attorneys will try to prove that the millionaire drank after the crash. Also that, despite a head injury, he stumbled down the road to a trailer to call for help, because his cell phone was dead.

At some point, they say he went to this polo barn to a friend’s office, known as “the man cave”, where he had a few drinks before meeting with police.  When his blood alcohol was checked hours after the crash, he was twice the legal limit.

Goodman’s defense is expected to last up to three days.  The case could go to the jury by mid next week.


Defense Begins Case In Goodman DUI Manslaughter Trial

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WEST PALM BEACH (CBSMiami) – The defense has begun their case for Wellington polo magnate John Goodman who is charged with DUI manslaughter.

Monday morning the prosecution wrapped up its presentation by putting the lead traffic homicide investigator, according to the Palm Beach Post, along with the Palm Beach County Medical Examiner.

Prosecutors are trying to prove that Goodman was driving under the influence when he crashed his Bentley into another which plunged into a canal killing its driver – 23-year old Scott Wilson.

“From looking at both the scrapes and abrasions that you saw to the surface of the skin, as well as the injuries that was done inside, would Scott Wilson have survived this crash?” Prosecutor Sherri Collins asked Dr. Stephen Alex.

“Yes, if he hadn’t drowned,” Dr. Alex, Palm Beach County Medical Examiner responded.

A blood sample taken nearly three hours after the crash showed Goodman had a blood alcohol level of .17 ; more than twice the legal limit.

Goodman’s attorney, Roy Black, said the millionaire may have suffered a concussion from hitting his head on the windshield and that is to blame for his behavior.

The defense has to explain why he left the scene and said because of the concussion, he did not behave as you’d expect someone to if they were just in an accident.

“There could be difficulty with reactions, walking like you’re drunk,” said defense neuropsychologist Dr. Richard Hamilton. “It can be visual problems.”

Prosecutors questioned the defense’s expert by saying he never examined Goodman, did not study the case and couldn’t really tell if the behavior showed someone with a head injury or someone who was drunk.

“Would you ever be able to determine at that point what was concussion and what was alcohol?” Collins asked Dr. Hamilton.

“Are you giving me a hypothetical?” Dr. Hamilton responded, to which the prosecution said yes. “No, I would not.”

Defense attorneys claim Goodman didn’t start drinking until after the crash, but before he met with police. Black said Goodman started drinking because he was in pain from his injuries.

Last week, jurors went on a field trip or sorts and looked at both Goodman and Wilson’s damaged vehicles.

The defense is expected to put on two days of testimony meaning the case could go to the jury as early as Wednesday.

Goodman could be sentenced up to 30 years if convicted.


Goodman Found Guilty Of DUI Manslaughter, Veh. Homicide

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WEST PALM BEACH (CBSMiami) – A West Palm Beach jury found Wellington Polo magnate John Goodman guilty of DUI manslaughter and vehicular homicide for the death of Scott Wilson,23,  in a February 2010 car accident.

After the verdict, Wilson’s mother Lili said “justice has been served.” She also wanted to thank the jury for their hard work. Lili Wilson said she will always miss her son and he was a wonderful person but now it’s time for the healing to begin.

“I want to thank everyone who’s been following this case and praying for me,” Lili said. “I’m always going to miss my son. He is the most wonderful…I will always cherish his memories.”

The jury received the case Friday morning and the only thing the jury asked for was to listen to the 911 calls made by Goodman on the night of the accident.

The jury made the request after roughly two hours of deliberation. The jury returned to the courtroom to listen to the tapes this morning and had a written transcript to follow along.

The jury took less than half a day to reach a unanimous guilty verdict against Goodman.

Goodman was denied bail by the judge and was taken into custody after the verdict was read. Goodman will appeal the jury’s verdict.

“It is our belief that multiple errors were committed during and before the trial, that, in effect, denied our client’s ability to get a fair trial,” Goodman’s attorney Roy Black said. “We intend to file an appeal so that our client can receive the just and fair proceeding to which he is entitled by law.”

Goodman made national headlines when he adopted his girlfriend as his daughter to help deal with his assets in the event of a lawsuit in civil court.

In closing arguments made Thursday, prosecutors sought to poke holes in the defense’s claim that Goodman’s car malfunctioned and that he started drinking after the accident.

“The defendant had in his system at the time of the crash between .20 and .23 blood alcohol and a therapeutic amount of hydrocodone,” prosecutor Sherri Collins said during her closing.

Goodman’s attorneys said there’s nothing to back that up and that investigators ignored evidence. In fact, attorney Roy Black said prosecutor Ellen Roberts “put the screws” to a bartender, one of the key witnesses, trying to get testimony that would fit her case.

“She was intimidated,” said defense attorney Roy Black. “She was threatened. She said she got nervous, she wanted to vomit, she said her hands were shaken.

Prosecutors claimed Goodman was drunk when his Bentley slammed into Wilson’s car. The force of the crash pushed the car into the canal where Wilson drowned.

Investigators said Goodman left the scene and waited nearly one hour before calling 911.

Goodman’s defense team argued he didn’t realize he had hit the vehicle and then left the scene to get treatment for his injuries.

Prosecutors claim Goodman was driving under the influence when he crashed into Wilson. A blood sample taken nearly three hours after the crash showed Goodman had a blood alcohol level more than twice the legal limit.

Goodman’s attorney tried to counter the DUI accusation with another theory. His expert testified that the millionaire left the scene because he may have suffered a concussion and did not behave as you’d expect someone to if they were just in an accident.

Goodman admitted on the stand that he had four drinks over the course of the evening. Goodman said the last thing he remembered before the accident was that the brakes seemed odd.

Goodman told the jury that after the crash, he passed out. When he came to, he said he was disoriented and didn’t initially realize he hit anyone, because Wilson’s car was submerged in the canal.

Goodman said he took off walking, looking for a phone. He said he ended up in an office in this barn, known as “a man-cave with a TV and bar. He said he had a few drinks to kill the pain of his injuries and that’s why he failed a blood alcohol test.

Goodman told the jury he drank in the “man-cave” and then hiked through a field to a nearby trailer where he first called his girlfriend and then called 911. On the 911 tape, Goodman sounded disoriented, continually asking if everyone was alright.

He said that it was during that call that he got scared, realizing the wreck was worse than he knew.

Goodman could face up to 30 years in prison when he’s sentenced later this month.


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