Police Officer to Face Negligence Charge After Killing 19-Year-Old in Bayamón
Judge Irmarie Cintrón found cause for arrest on a negligence charge but dismissed the flight charge. The victim's father expressed his distrust in the judicial system.
Cause for arrest against police officer who struck young woman in Bayamón
Judge Irmarie Cintrón of the Bayamón Court found cause for arrest against a Police officer for her alleged responsibility in the death of Dianelys P. Ortiz López, 19 years old, in a traffic accident that occurred in March in front of the Virgilio Dávila residential complex, according to elnuevodia.com.
The court determined cause for a charge of negligent operation of a motor vehicle, but eliminated the element of acting "in disregard for life". Additionally, the judge found no cause for the flight charge that had been brought by the Prosecution.
The magistrate imposed a bond of $10,000 on the officer, identified as Arce Rivera, which was posted, so the officer remained free until the preliminary hearing scheduled for 18 November.
Maximum penalty of three years for the charge brought
"The charge for which cause was determined carries a penalty of three years," said prosecutor Carmen Iris Ortiz Rodríguez as she left the courtroom.
According to the prosecutor, the judge considered the fact that the officer went to the nearest police station and reported the accident to be decisive in dismissing the flight charge. When asked whether the Prosecution would appeal to overturn that decision and seek that charge, Ortiz Rodríguez said they would discuss it with their supervisors, without offering further details.
The victim's father: "Justice does not work in Puerto Rico"
Efraín Ortiz, father of the deceased young woman, went to the courthouse at the request of the Prosecution and expressed his frustration over the dismissal of the flight charge.
"I still believe they are covering it up and however much cause they find, in the charge they found, which is negligence, I believe they are covering it up somehow. I know that God the Father and divine justice will take care of her because I know there is no justice here," he said.
"She is not going to go to prison or anything, the case will go on normally and I understand that in Puerto Rico justice does not work," added Ortiz, who also said he was unaware of the court's rules and did not understand why he was summoned if he is listed as a witness in the case.
The defence: less than two seconds to react
Defence attorney Peter Díaz argued that the officer had just under two seconds to react to the presence of Ortiz López on the roadway and that in that timeframe, she could not avoid hitting her.
"She is not a NASCAR driver, she was travelling at a speed below the limit and the pedestrian was absorbed in her phone, crossed with the green light, not just in that lane but three lanes over," Díaz stated to the press.
Díaz added that Arce Rivera felt fear of possible retaliation from people who were in the Virgilio Dávila residential complex at the time of the accident, which, combined with her status as an officer and the time the incident occurred—approximately 11:30 at night—led his client to leave the scene.
"What is said to be that she fled the scene was that she came to this police station, which is 50 metres away, to give information about the accident, so that an ambulance would arrive," the lawyer pointed out. He also indicated that Arce Rivera underwent a breath alcohol test which came back negative.
"She did not flee from the alcohol test, she did not flee from her responsibility," Díaz stated.
The defence holds the State responsible for lack of pedestrian infrastructure
When asked why the officer left the victim on the roadway after striking her, Díaz responded that "she had no other option", given the surroundings and traffic in the area.
The lawyer also shifted part of the blame to the State, arguing that the avenue lacks pedestrian crossings and pedestrian bridges for safe crossing. "There have been more than six serious accidents there in less than a year," he asserted.
Conflicting accounts of what happened after the impact
Efraín Ortiz said he arrived at the scene three minutes after the accident and stated that at that time "there was no one there". However, the defence attorney argued that the authorities' response to assist the victim was immediate.
According to the preliminary report of the incident, the driver of a blue 2023 Toyota RAV4 minibus was travelling through the area when she did not notice the young woman crossing the roadway in front of the Virgilio Dávila residential complex. As a result of the impact, Ortiz López suffered serious injuries, was taken to a hospital and subsequently died. Police later confirmed that the driver was an officer of the Police Force who was off duty and driving her personal vehicle.
Source: Google News PR — Crime