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LEHI — An Ogden man accused of being intoxicated when he hit two teen siblings on a sidewalk last month in Lehi, killing a 15-year-old girl, now faces criminal charges.
Alexis Javier Garcia-Torrres, 31, was charged Monday in 4th District Court with two counts of DUI causing death or serious injury, a first-degree felony.
On March 4, two teens were hit near the intersection of 2100 North and 3600 West in Lehi, at about 4:30 p.m., when a Chrysler 300 jumped the curb and struck them.
"According to witnesses, the driver … appeared to be distracted as the driver was reported to be swerving in his lane prior to the accident," a police booking affidavit states.
Witnesses told police that Garcia-Torres drifted to the left side of the road, went across an island in the intersection, then onto the sidewalk where his car hit the two teens and a metal pole, according to the affidavit. Investigators say the victims were knocked approximately 100 feet and into a ditch.
Arely Hernandez-Cuenca, 15, was killed. Her brother, 13-year-old Kevin Hernandez, was taken to a local hospital in critical condition to be treated for multiple pelvic fractures, road rash and bruising, the affidavit states.
"I felt like I was flying and hit the ground really hard. I opened my eyes a little bit and saw that she was far away from me," an emotional Kevin told KSL-TV. "I feel very upset that I lost one of my family members."
Charging documents filed Monday state that Kevin's "ability to walk is impaired and he may still need surgery."
Kevin has since been released from the hospital where he continues to recover at home. He and his sister had only been in Utah about seven months. They were staying with a relative in Lehi to go to school. He and Arley are originally from Fresno, California.
"All of her family and friends immensely loved Arely. She was one of the goofiest and most loveable people you could have the opportunity to meet. Your day was better having spent time with her. She was an angel and will always be remembered as such. She was an amazing daughter, sister, aunt and friend. She will be sorely missed, and her family will be mourning her loss more than can be imagined," a GoFundMe campaign launched after the crash states.
The GoFundMe site states the money will be useds for funeral expenses and to transport Arely's body back to her family's home in Fresno.
"She just made you feel special," said Ilene Hernandez, an older sister from Fresno. "I'm glad I was blessed enough to have her. Blessed enough to have her as a sister and blessed enough to have a lifetime with her. She was the most loving, kindest person in this world. She was too perfect for this world."
Garcia-Torres, whose driver's license had been suspended according to police, told investigators that he was driving home from work and had "fallen asleep." He then clarified that "he had started to feel tired, reached down and picked up an energy drink before falling asleep, describing that it happened suddenly, then awaking to the accident," according to the affidavit.
"The next thing he remembered was hitting the curb, which woke him up," charging documents added.
Detectives were able to obtain dashboard camera video from a vehicle that was behind Garcia-Torres and captured the crash. Police concurred that his driving pattern was "consistent with him having either fallen asleep or passing out," the affidavit alleges.
On April 1, toxicology test results came back and showed THC and oxycodone in Garcia-Torres' system at the time of the crash, according to the affidavit. He was arrested on Thursday.
Garcia-Torres was convicted of drug possession with intent to distribute in 2018, according to court records. He was sentenced to 15 days in jail, 60 days of home confinement, and three years of probation. In 2015 he was convicted of driving with a controlled substance in his body.
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