Police say driver involved in fatal crash admitted to smoking marijuana the day it happened
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IDAHO FALLS — A driver involved in a fatal crash in May that killed a 61-year-old woman has been arrested and charged.
Octavio Daniel Ortega-Avila, 20, was charged with one felony count of vehicular manslaughter.
Two alternatives were also filed for the felony count. The first alternative states Ortega-Avila allegedly crashed due to falling asleep with gross negligence. This carries a penalty of up to 10 years in prison. If no gross negligence is found and he fell asleep prior to the accident, he faces a possible sentence of one year in prison.
Around 3 p.m. on May 9, court documents say deputies with the Bonneville County Sheriff’s Office were dispatched to 5th East and 97th North off Lewisville Highway.
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Two vehicles were allegedly involved and both had rolled. The caller said one of the individuals was bleeding from his head. A second caller told dispatch that another person may be dead.
One person, later identified as Ortega-Avila, was taken to the hospital via ambulance. The second person was identified as Doris Prine. She died at the scene.
Deputies reportedly observed tire marks across the road and stopping near a scuff mark. Looking south of the scuff mark was an upside down red pickup truck, which court records say belonged to Ortega-Avila. North of the scuff mark was a green Kia on its side.
A witness told deputies she saw the pickup drive off the road into the opposite lane of traffic before hitting the Kia. The witness believed she had witnessed Ortega-Avila get ejected from his truck.
The deputy later spoke to Prine’s husband, who was on the phone with her during the crash, who said he heard Prine say “Oh s***,” and a loud banging afterwards.
A woman, who did not witness the crash, allegedly drove past and stopped to see if she could help. She told the deputy that Prine was wearing her seatbelt and helped free Prine from the vehicle.
Deputies performed CPR on Prine until paramedics arrived and declared the 61-year-old woman dead.
A different deputy spoke with Ortega-Avila. He reportedly admitted to smoking marijuana earlier in the day and said he might have fallen asleep. Ortega-Avila consented to having a blood drawn performed.
If found guilty, he faces a possible sentence of 15 years.
Ortega-Avila is scheduled to appear before Magistrate Judge Kent Gauchay for a preliminary hearing on Aug. 29 at 1 p.m.
Though Ortega-Avila has been charged with these crimes, it does not necessarily mean he committed them. Everyone is presumed innocent until proven guilty.