LAS VEGAS, Nev. (702 Times, NV Globe) – According to an arrest report, the motorist detained for suspected DUI in an incident that killed one man and badly wounded another was travelling 81 miles per hour seconds before the impact.

According to the Las Vegas Metropolitan Police Department, Justino Garcia-Avila, 32, was arrested on charges of driving under the influence resulting in death and careless driving. In a previous press release from LVMPD, his name was misspelled Garcia-Avilla.

On Tuesday, Nov. 8, shortly after 8 p.m., an accident was reported on Nellis Boulevard near Winterwood Boulevard.

According to police, a 2004 Pontiac Aztek was driving north on Nellis when it struck two pedestrians, a father and kid, who were crossing the roadway. Christopher Michael Clark, 21, was declared deceased at Sunrise Hospital. The father’s injuries were regarded as critical.

According to an arrest complaint, a witness was driving north on Nellis when she noticed a Pontiac Aztek ahead of her swerve to the right and smash into a wall. She checked on the people and the driver, who she characterized as puzzled.

Officers talked with the Pontiac’s driver, Garcia-Avila. According to the arrest record, he declined to take a field sobriety test but acknowledged to drinking alcohol before driving, and officers obtained a warrant for a blood sample.

He subsequently told authorities that he was going around 40 mph when he noticed four or five persons racing across the roadway. According to the report, he stated many times that they rushed in front of him.

According to the report, police seized the airbag control module and data analysis revealed that the Pontiac was traveling at 81 mph with “96% throttle utilization” four seconds before the airbag deployed. The posted speed limit on Nellis is 45 mph.

Garcia-Avila is now detained at the Clark County Detention Center. His next court appearance is set on November 14.

Credits: News3LV

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