Ray Alvarez, 23, of Waltham, has been indicted by a Middlesex County Grand Jury on several Massachusetts Drunk Driving Charges after allegedly striking an ambulance and killing a patient within.
He has been charged with Motor Vehicle Homicide by OUI; Leaving the Scene of an Accident After Causing Property Damage; OUI / DUI; and Negligent Operation of a Motor Vehicle.
According to the Middlesex County District Attorney's Office, Ray Alvarez was allegedly driving on Waltham when he veered into the opposite lane and struck an ambulance, which cause it to spin out of control. In the ambulance was Irving Vogel, 72, of Dedham, who died from injuries resulting from the crash. The Massachusetts Medical Examiner's Office cited 'blunt force trauma' as the cause of death.
Waltham Police allege that Alvarez left the scene of the accident, but the ambulance reportedly was able to note his license plate number. Alvarez' car was found behind a building and police officers allegedly observed front end damage to the car.
Police Officers who arrested Alvarez allege that they observed a 'strong odor of alcohol' and noted that his speech was slurred.
In many cases, not just in Drunk Driving cases, probable the worst thing someone can do i attempt to flee or run away. It is inevitable that if the case goes to trial, prosecutors will undoubtedly introduce this evidence to the jury and argue that any attempt to flee or run away is evidence of 'consciousness of guilt'. In other words, if the person was truly innocent, or it was truly an accident, he would not have tried to get away or struggle with the police.
Believe it or not, without such evidence of 'consciousness of guilt', many cases that may appear 'losers', may actually be very 'beatable' at trial if the defense lawyer is able to offer reasonable explanations of any other alleged criminal conduct. Sometimes, the only piece of evidence that may eventually tip the scales is that the person allegedly tried to run away.