Westchester, N.Y. District Attorney Jeanine Pirro announced the arraignment of David Tovar (d.o.b. 10/12/84) of Yonkers, New York, on a nine count indictment charging him with Vehicular Manslaughter in the Second Degree, a class D felony, and Leaving the Scene of an Accident, a class E Felony, as well as other related crimes in connection with the drunk driving motor vehicle crash which took the life of Fernanda Lopez in the City of Yonkers on Jan. 31, 2005.
The indictment alleges that on Jan. 31, 2005, Tovar drove his unregistered 1996 Honda on Mile Square Road, in Yonkers, with over .08 of one percent by weight of alcohol in his blood. Tovar was under the age of 21 at the time of the crash. Tovar lost control of his vehicle while driving on Mile Square Road because he was driving at an unreasonable speed for that area of Mile Square Road. He caused his vehicle to veer off the road striking a telephone pole on the passenger side of the vehicle, directly where his passenger, Fernanda Lopez, was seated.
The crash caused serious trauma to Lopez’ head and chest. The defendant then reportedly drove his severely damaged car away from the scene without reporting the incident. The victim survived six days in coma, and eventually died on Feb. 5, 2005.
Vehicular Manslaughter in the Second Degree is punishable by a maximum sentence of seven years in state prison. Leaving the Scene of an Accident is punishable by a maximum sentence of four years.
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