Luis Gabriel Escalante, 22, was arraigned yesterday morning in the Chelsea Division of the Boston Municipal Court on Massachusetts Drunk Driving Charges.
Escalante was formally arraigned with Operating Under the Influence of Alcohol, Leaving the Scene of an Accident After Causing Death, and Motor Vehicle Homicide.
According to the Chelsea Police Department, Escalante allegedly struck and killed Julio Vaquerano this past December after driving while intoxicated with alcohol. Vaquerano was found suffering from major injuries in the area of Blossom and Maple Streets in Chelsea, and was pronounced at Massachusetts General Hospital. His injuries were reportedly consistent with being hit by a car.
Escalante was not arrested in connection with this incident until this past Wednesday after an 'ongoing investigation' involving the Chelsea Police Depatment and Massachusetts State Police.
It is unclear why, but it has been reported that, at his arraignment, Escalante allegedly made statements that he had been driving his gray in the area of Blossom and Maple Street and that he had allegedly consumed alcohol prior.
Not only because it is not clear what information led police to arrest and charge Escalante in this matter, but in all criminal cases and investigations, the persons charged would be well-advised to exercise his Constitutional rights and refrain from making any statements that could be used against him...particularly making statements in court.
In way too many cases that I have been involved with, often the most damaging evidence against my client has come from the defendant himself, whether from agreeing to be interviewed by the police, or from making a statement to a witness about his case. These statements, ones that implicate a person's guilty, or what are referred to as Statements Against Penal Interest, are admissible in court.
In Escalante's case, for example, if the police had questionable evidence tying him or or even his car to the scene of the crime, his statements or admissions in court most very likely took away that avenue of his defense...
For that reason, one should never agree to be interviewed by the police or otherwise make any statements to any person concerning his/her criminal case without first Consulting with a Boston Criminal Lawyer and/or without that lawyer present.