A Florida appeals court has affirmed the conviction and 33-year prison sentence of Nisbany Surit-Garcias, the man responsible for a fatal 2018 drunk driving crash on Alligator Alley.
Surit-Garcias was found guilty of DUI manslaughter, DUI causing serious bodily injury, and DUI causing injury after his pickup truck collided with a van carrying 15 passengers returning from a spring training baseball game.
The crash resulted in the death of 18-year-old Lauren VanReese, a Minnesota college student, and injuries to 14 others.
Read: Connecticut Court Releases Illegal Immigrant Convicted In Deadly DUI Crash: ERO Boston
Surit-Garcias’ attorneys argued for a mistrial, claiming a prosecutor mentioned a 0.17 blood-alcohol level during opening statements without providing supporting evidence during the trial.
However, the appeals court rejected this argument, stating that the jury didn’t need a specific blood-alcohol level to determine impairment, as multiple witnesses had observed Surit-Garcias displaying signs of intoxication.
“It was not necessary for the jury to rely on a specific blood alcohol level to find that the defendant was impaired at the time of the crash,” said the ruling, written by Judge Robert Gross and joined by Chief Judge Mark Klingensmith and Judge Alan Forst. “At least 10 witnesses observed the defendant showing signs of impairment by alcohol, including multiple witnesses who observed him at the accident scene shortly after the crash.”
The court’s decision upholds the lower court’s ruling, bringing a sense of closure to the victims and their families after the tragic incident.
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