A prosecutor's 'worst nightmare': Man who crashed Hellcat into family's SUV just out of prison
INDIANAPOLIS — Before a horrific crash that injured six children and their mother, the 27-year-old man accused of causing it recently walked out of federal prison.
The Indianapolis man was sentenced to five years and one day at a federal correctional facility in Milan, Michigan, after pleading guilty in 2021 to distributing marijuana and carrying a firearm during a drug trafficking crime.
Now he stands accused of operating a vehicle while intoxicated.
On Tuesday, July 23, just after 3:30 p.m. surveillance video from used tire shop, Tons of Tires, captured a speeding Dodge Charger SRT at the intersection of East New York Street and North State Avenue.
It ran through a red light before crashing into a Ford Explorer carrying a mother and her six children.
The Bureau of Prisons would not provide the date he was released, but online courts listed he was no longer in the system's custody on July 23, 2024, the day of the crash.
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One boy was pronounced dead at the scene but according to Indianapolis Metropolitan Police, "incredible life-saving efforts," brought him back to life. He and another child remained in critical condition at a hospital Thursday.
The other children and their mother were in stable condition.
A witness at the crash site told IndyStar that during civilian rescue efforts to save the children before first responders arrived, the driver of the Didge, who was bleeding and half-fainting, came up to the mother and a boy investigators believe was ejected from the vehicle to say he was sorry.
Driver had a long criminal history
The man's criminal history dates back to 2015, and is marked with multiple driving-related offenses, drug and gun crimes.
He picked up his first traffic infraction at age 18 in February 2015 for driving with a suspended license, a case which ended with him failing to appear in court. Four months later, he was ordered to spend four days in jail on a marijuana possession charge.
Court records show he had two additional speeding infractions and pleaded guilty to driving while suspended in Rush County. He took a plea deal, which required him to spend a day in jail.
He was first charged with a felony in November 2015. Marion County prosecutors charged him with intimidation, a low-level felony, and resisting law enforcement. He pleaded guilty to the resisting charge and spent a little more than two and half months in jail.
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For the next three years, he was charged in four separate traffic and misdemeanor cases in Marion County. All were dismissed or concluded another failure to appear.
In 2019, Marion County prosecutors filed the most severe charges against him to that point, bringing unlawful firearm and narcotic possession against him. The cases were dismissed when the U.S. Attorney’s Office filed charges in federal court.
A grand jury indicted him on four federal drug and gun trafficking charges. He pleaded guilty to two as part of an agreement with prosecutors.
'This case is every prosecutor’s worst nightmare'
One major aspect of this case that Hal Johnston, former Marion County prosecutor, believed was frustrating was how soon after being released from custody this man committed another crime.
“This case is every prosecutor’s worst nightmare, it’s what keeps us awake at night,” Johnston said. “Somebody gets out of prison and the first thing they do is they go out and they hurt somebody.”
Johnston, who is now an adjunct professor at Indiana University McKinney School of Law said it's normal to see former inmates get arrested within three years of being released.
According to his research, recidivism rates are higher for people younger than 40.
But to commit a crime right after being released was something Johnston noted was uncommon.
Johnston emphasized the average workload of probation officers in Marion County who are handling anywhere between 300 to 400 cases a month.
So, it would have been difficult to prevent this crash if the driver was actively going against his probation order.
“The officer can’t watch you 24 hours a day. You may come in for a monthly meeting and you may have requirements that you go through weekly drug test or whatever it may be,” he said. “It’s lucky if they meet with him once a month.”
Since the driver had prior federal convictions, Johnston believes that the Marion County prosecutor will likely "throw the book" at the driver to ensure they either receive a “very high” bond or no bond at all.
“I think the prosecutors here has a real good argument to come in and say, this guy has demonstrated that he is a danger to the community.”
What else could have been done?
Sgt. Anthony Patterson with IMPD said this crash could have been avoided if individuals simply obeyed the laws of the road.
“Sometimes the onus has to be placed solely on the occupant or the driver of vehicles that caused these things,” Patterson said.
Patterson said the department continues to combat vehicular-related crimes like reckless driving and speeding by investing in additional tools and technologies like handheld speed detectors, license plate readers and public safety cameras.
“A lot of folks these days are driving on suspended licenses because of citations they’ve received, and I don’t know what more enforcement you can do when someone’s already been indicted for similar violations, but they're still behind the wheel,” he said.
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Patterson knows that legal deterrence can only go so far in preventing crimes, and called on the community to help address these issues by encouraging their friends and families to prioritize safe driving.
“We as a community need to come together and encourage one another to obey the rules, obey the laws. They are there for a reason,” he said. “And you see it every day and not just in this case. This is what happens when individuals, make a decision to break a law and now it affects multiple lives and multiple families.”
The family is still recovering
According to a probable cause affidavit, Indianapolis Metropolitan Police found an almost empty bottle of Jose Cuervo tequila under the driver's seat. Officers also observed the driver with red, bloodshot eyes while being treated at Eskenazi Health. He displayed a "long, blank stare and did not appear to know where he was or what was going on."
He was arrested on multiple charges including multiple DUI's and criminal recklessness while driving.
Family members told the IndyStar that two of the children were able to come home Wednesday night, while two remain in critical condition. The mother is still recovering as well with the remaining children who are also stable.
A GoFundMe was created by the children's uncle who said the family was close to their home when the crash happened Tuesday.
"My nephews and the mother was coming back from the store purchasing school supplies when a guy in a hellcat that passed a red light and crashed into them making all of the family go to the hospital," the GoFundMe reads.
The uncle said one child just came out of surgery and was recovering while another one was in critical condition on life support.
IndyStar is not naming the accused because the Marion County Prosecutor's Office had not filed charges against him at the time of this article's publication.
Jade Jackson is a Public Safety Reporter for the Indianapolis Star. You can email her at Jade.Jackson@IndyStar.com and follow her on X, formally Twitter @IAMJADEJACKSON.
Sarah Nelson is a Public Safety Reporter for the Indianapolis Star. You can email her at Sarah.Nelson@IndyStar.com.
Noe Padilla is a Public Safety Reporter for the Indianapolis Star. Email him at Npadilla@indystar.com and follow him on X at 1NoePadilla.
This article originally appeared on Indianapolis Star: Indiana driver in horrific crash into SUV with six kids recently freed
